LOCAL RULES OF CIVIL PROCEDURE
OF THE
COURT OF COMMON PLEAS
OF ERIE COUNTY
6TH JUDICIAL DISTRICT OF PENNSYLANIA
(Current through November 20, 2017
amendments ordered by President Judge John J. Trucilla as published at 47 Pa.B. 7440
on December 9, 2017)
(Includes Guidelines for the Conduct of Arbitration in Uninsured and Underinsured Motorist Coverage)
TABLE OF CONTENTS
Erie County Rules of Civil Procedure
RULE NO. RULES OF CONSTRUCTION
51.1 Title and Citation of Rules
106 Computation of Time
BUSINESS OF COURTS
205.2(a) Pleadings and Other Legal Papers. Physical Characteristics.
205.2(b) Pleadings and Legal Papers. Cover Sheet.
206.1(a) Petition. Definition.
206.4(c) Petition. Rule to Show Cause.
208.2(c) Motions. Non-Dispositive. Statement of Authority.
208.2(d) Motions. Non-Dispositive. Certification of No Contest.
208.2(e) Motions. Discovery.
208.3(a) Motions. Non-Dispositive. Procedures
208.3(b) Motions. Non-Dispositive. Responses
210 Form and Content of Briefs
212.1 Pretrial Procedure
212.2 Pretrial Statements
212.3 Pretrial Conference
212.4 Trial Lists and Continuances
216 Re-Certification After Continuance
220.1 Voir Dire
221 Challenges
225 Addressing the Jury
226 Points for Charge. Motion for Directed Verdict
227.3 Transcript of Testimony
236 Notice by Prothonotary of Entry of Judgment
251 Alternate Dispute Resolution/Summary Jury Trial
252 Appeals in License Suspension Cases
253 Petition for Change of Name
COURT MATTERS
302 Trial Division Judicial Assignment
303 Motion Court and Other Motions and Petitions-Civil
304 Family Law/Orphans’ Division Motion Court
305 Duties of the Prothonotary
306 Terms of Court
311 Procedure in Statutory Appeals
312 Fair Trial. Free Press.
SERVICE OF ORIGINAL PROCESS AND OTHER LEGAL PAPERS
430 Designation of Legal Publication
440 Service of Legal Papers Other Than Original Process
442 Service in Magisterial District Judge Appeals
MISCELLANEOUS MATTERS
506 Money Paid Into Court
507 Deficiency Judgment Act
508 Accounting
ACTIONS AT LAW
CIVIL ACTION
1018.1 Notice to Defend. Form
1028(c) Preliminary Objections
1034(a) Motion for Judgment on the Pleadings
1035.2(a) Motion for Summary Judgment
1042.21 Pretrial Procedure in Medical Profession Liability Actions. Settlement
Conference; Mediation
ACTION TO QUIET TITLE
1066 Form of Judgment or Order
COMPULSORY ARBITRATION
1301 Scope
1302 List of Arbitrators. Appointment to Board
1303 Hearing. Notice
1304 Conduct. Hearing. Generally
1305 Pretrial Exchange of Information
1306 Award
1307 Award. Docketing. Notice. Lien. Judgment. Molding the Award.
ACTION IN EQUITY
1531 Preliminary Injunctions
CLASS ACTIONS
1703 Commencement of Action. Assignment to a Judge
ACTIONS FOR SUPPORT
1910.4 Commencement of Action. Fee
1910.5 Complaint. Order of Court
1910.7 No Pleading by Defendant Required. Question of Jurisdiction or Venue or
Statute of Limitations in Paternity
1910.10 Alternative Hearing Procedures
1910.11 Office Conference. Subsequent Proceedings. Order
1910.16-1 Alimony Pendente Lite
1910.19 Support Order. Modification. Termination
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND
VISITATION OF MINOR CHILDREN
1915.1 Scope
1915.3 Commencement of Action. Complaint. Order
1915.3-2 Criminal or Abuse History. Hearing
1915.4-1 Hearing Procedure. Bypass Custody Conciliation Conference
1915.4-2 Office Conference. Proceedings
1915.4-3 Non-Record Proceedings. Trial
1915.5 Question of Jurisdiction, Venue or Standing. Preliminary Objections
1915.6 Joinder of Parties
1915.12 Civil Contempt for Disobedience of Custody Order. Petition
1915.13 Special Relief
1915.17 Relocation
1915.26 Children Cope With Divorce
1915.27 Cancellation of Custody Proceedings
ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE
1920.31 Claims for Child and/or Spousal Support
1920.51 Hearing by the Court. Appointment of Master. Notice of Hearing
1920.53 Hearing by Master. Report
1920.55-2 Master’s Report. Notice. Exceptions. Final Decree
1920.73 Praecipe to Transmit Record
1920.74 Motion for Appointment of Master
RULES RELATIONG TO DOMESTIC RELATIONS MATTERS GENERALLY
1930.4 Service of Original Process in Domestic Relations Matters
MINORS AS PARTIES
2039 Compromise, Settlement, Discontinuance and Distribution in Minors’
Actions
INCAPACITATED PERSONS AS PARTIES
2064 Compromise, Settlement, Discontinuance and Distribution in Actions
Filed by or on Behalf of Incapacitated Individuals
ACTIONS FOR WRONGFUL DEATH
2205 Notice to Persons Entitled to Damages
2206 Settlement, Compromise, Discontinuance and Judgment
ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY
3136 Distribution of Proceeds of Sale of Real Property
3252 Writ of Execution – Money Judgments
DEPOSITIONS AND DISCOVERY
4002 Agreement Regarding Discovery or Deposition Procedure
4007.1 Procedure in Deposition by Oral Examination
4007.4 Supplementing Responses
4017.1 Videotape Depositions
RULES OF CONSTRUCTION
RULE 51.1. TITLE AND CITATION OF RULES
These Rules, when adopted by the Erie County Court of Common Pleas in accordance with Pa. R.C.P. 239,
shall be known as the Erie County Local Rules of Civil Procedure and may be cited as "Erie L.R. ".
RULE 106. COMPUTATION OF TIME
Whenever the last day of any such period shall fall on a County Holiday or on any other day when the
County Court House is closed, such day shall be omitted from the computation.
BUSINESS OF COURTS
RULE 205.2(a). PLEADINGS AND LEGAL PAPERS. PHYSICAL CHARACTERISTICS
(1) All papers filed in the Office of the Prothonotary shall be filed on letter-sized paper, 8-1/2" x 11".
(2) The caption of all papers allowed or required to be filed shall contain the term and number at
which the action is filed.
RULE 205.2(b). PLEADINGS AND LEGAL PAPERS. COVER SHEET
The document(s) filed to commence an action shall include a completed and signed civil cover sheet, in the
form provided by the Court, as follows:
ERIE COUNTY COURT OF COMMON PLEAS
CIVIL COVER SHEET
Docket No.
Plaintiffs Defendants
Plaintiffs’ Attorney Defendants’ Attorney
TYPE OF CIVIL ACTION:
Contract Tort Appeal
Medical Malpractice Zoning/Land Use
Premises License Suspension
Municipal/Government Motor Vehicle Assessment
Product Liability Arbitration
Other Other
Date Signature of Filing Party or Attorney
RULE 206.1(a). PETITION. DEFINITION.
As used in these rules, “petition” means an application to open a default judgment or a judgment of non-
pros.
RULE 206.4(c). PETITION. RULE TO SHOW CAUSE.
(1) A petition shall proceed upon a rule to show cause, the issuance of which shall be as of course in
accordance with the procedure set forth in Pa. R.C.P. No. 206.6.
(2) Where the petitioner requests a stay of execution pending the disposition of a petition to open a
default judgment, the Court shall promptly dispose of the request.
(3) The petitioner shall file the petition with the Prothonotary with a copy to the assigned judge,
together with a proposed order in conformity with Pa. R.C.P. No. 206.6. The assigned judge shall issue the
appropriate order, and the petitioner shall provide notice of entry of the order to all parties as contemplated by Pa.
R.C.P. No. 206.6.
RULE 208.2(c). MOTIONS. NON-DISPOSITIVE. STATEMENT OF AUTHORITY
Unless a certification is filed that a motion is presented as uncontested, any motion shall include a brief
statement of the applicable authority.
RULE 208.2(d). MOTIONS. NON-DISPOSITIVE. CERTIFICATION OF NO CONTEST
Except as set forth in Erie L.R. 208.3(b), a motion shall be treated as a contested motion unless it contains a
certification by counsel or by an unrepresented party that the motion is uncontested. A motion may be presented as
uncontested where counsel or an unrepresented party can certify that the opposing party has consented to the relief
requested or where prior notice of intention to present the motion and proposed order has been served in accordance
with Local Rule No. 440 and the opposing party has neither indicated an intention to object nor appeared at the time
of presentation and expressed an objection.
RULE 208.2(e). MOTIONS. DISCOVERY
Any motion relating to discovery shall include a certification signed by counsel for the moving party or an
unrepresented party certifying that counsel or the unrepresented party has conferred or attempted to confer with all
interested parties to resolve the matter without Court action.
RULE 208.3(a). MOTIONS. NON-DISPOSITIVE. PROCEDURES
(1) This rule describes the procedures governing non-dispositive motions within the scope of
Pa.R.C.P. No. 208.1.
(2) The original of any motion shall be filed with the Prothonotary and a copy thereof shall be
provided to the assigned judge. If a judge has not yet been assigned, the party seeking to present a motion shall first
submit a request for judicial assignment with the trial court administrator and obtain assignment to a judge to whom
the motion shall be presented. (See Erie L.R. 302 with respect to the filing of requests for judicial assignment.) The
judge to whom the case has been assigned may schedule argument and, if granted, either notify all parties or advise
the moving party to notify all other parties of the time, date and location of argument. (See Pa.R.C.P. 211, the
granting of argument is discretionary with the Court.)
(3) After any order is issued by the Court relating to a motion, whether such order grants or denies the
relief requested, schedules argument thereon or deals with any other related matter, and unless the order states
otherwise, the moving party shall immediately file the original of said order with the Prothonotary and
contemporaneously therewith shall serve a copy of said order on all other counsel and unrepresented parties.
(4) To supplement the procedure set forth in (a)(2) above, each judge shall establish a schedule when
he/she will be available for presentation of non-dispositive motions in cases assigned to that judge, which schedule
must be published on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org) and the
website of the Erie County Court of Common Pleas (www.eriecountygov.org).
(5) If counsel and/or unrepresented party notifies opposing counsel and/or parties that a motion will
be presented to a judge at a specific time and then fails to appear, the Court, upon motion, will consider an
appropriate sanction including, but not limited to, an award of attorney’s fees.
RULE 208.3(b). MOTIONS. NON-DISPOSITIVE. RESPONSES
With respect to any motion which is contested, a response shall be filed within twenty (20) days after
service of the motion. All motions which are contested shall be accompanied by a rule to show cause for the
scheduling of a hearing or argument as appropriate. Where no response is filed, the moving party shall notify the
court and the motion shall be deemed to be uncontested and the Court may proceed to issue a ruling upon the
motion. Oral argument is discretionary with the Court. Nothing set forth herein shall be deemed to limit the
discretion of the Court to enter an order in accordance with Pa.R.C.P. 208.4 upon initial consideration of a motion.
RULE 210. FORM AND CONTENT OF BRIEFS.
Except by prior permission of the Court, briefs (exclusive of pages containing the table of contents, table of
citations and any addendum containing opinions, etc., or other similar supplementary matter) shall not exceed
twenty-five (25) pages of double-spaced conventional typographical printing. This Rule shall not apply to briefs on
post-trial motions. Non-conforming or illegible briefs will not be considered.
RULE 212.1. PRETRIAL PROCEDURE
(a) Scope
This Rule shall encompass all civil actions, except actions where jurisdiction lies in the
Family/Orphans Court Division.
(b) Case Management Orders (CMO)
1. Case Management Orders - General
(A) At the time of judicial assignment, the Office of Court Administration shall issue a
CMO designating dates for the close of discovery, the filing of pretrial statements,
and a proposed trial term.
(B) At any time prior to judicial assignment, the parties may agree to the entry of a
CMO by filing a stipulation with the Office of Court Administration and the
Prothonotary.
(C) Following the entry of the CMO, any request for modification shall be done by
motion filed with the Prothonotary and mailing or delivering a copy to the
assigned judge.
2. Case Management Orders - Time Limitations
(A) All CMOs, except those requested by stipulation, which are issued by the Office of
Court Administration, shall provide the following time limitations:
(i) Close of discovery within two hundred forty (240) days of the issuance
of the CMO.
(ii) Plaintiff’s pretrial statement filed within thirty (30) days of the close of
discovery.
(iii) Defendant’s pretrial statement filed within sixty (60) days of the close
of discovery.
(iv) The proposed trial term which will be the next available trial term for
which the case can be certified.
(B) If a case has been accepted by the Court as “complex,” all CMOs shall designate
dates consistent with the following time limitations:
(i) Close of discovery is five hundred forty (540) days from the issuance
of the CMO.
(ii) Plaintiff’s pre-trial statement filed within forty five (45) days of the
close of discovery.
(iii) Defendant’s pretrial statement filed within ninety (90) days of the close
of discovery.
(iv) The proposed trial term which will be the next available trial term for
which the case can be certified.
(C) If a case has been accepted by the Court as “expedited,” all CMOs shall designate
dates consistent with the following time limitations:
(i) Close of discovery is ninety (90) days from the issuance of the CMO.
(ii) Plaintiff’s pretrial statement filed within fifteen (15) days of the close
of discovery.
(iii) Defendant’s pretrial statement filed within thirty (30) days of the close
of discovery.
(iv) The proposed trial term which will be the next available trial term for
which the case can be certified.
(D) A party may request that a case be designated as complex or expedited by the
filing of a stipulation or motion.
(E) All cases where the amount in controversy is within the limits for mandatory
arbitration shall be designated as “expedited” cases and CMOs issued accordingly.
(c) Settlement Conference
A party may request that the assigned judge conduct a settlement conference at any time after the
filing of the last responsive pleading.
(d) Mediation
Mediation is available upon agreement of all parties. The Prothonotary, upon request for
appointment of a mediator, may appoint a mediator to conduct the process. Other alternatives for
locating a trained mediator include the Erie County Bar Association’s Mediation Service.
The following procedure shall guide the mediation process when requested by parties:
1. A mediator may be selected through the Prothonotary’s Office from a list supplied by the
Court, through the Erie County Bar Association’s Mediation Program or by other means
agreed upon by the parties.
2. The mediator shall designate the time for hearing with written notice to each party or
their counsel. Hearings may be held at the mediator’s office or elsewhere upon
agreement of the parties.
3. All parties, including counsel, may attend the mediation.
4. The parties/counsel shall immediately notify the mediator if the matter has been resolved
prior to the scheduled hearing.
5. Upon completion of the mediation, the mediator shall file a report with the Court, with
copies to the parties or, if represented, to their counsel, stating only whether the case has
settled. If the case has not settled, it shall proceed to arbitration or trial.
*(e) Certification For Trial
1. These certification procedures apply to all civil jury and non-jury cases.
2. In order to have a case assigned to a particular trial term, all counsel or parties must
certify the case as ready for trial by filing with the Prothonotary and serving upon the
Court Administrator a certification in substantially the form contained herein and
designated “Certification I.”
3. If a party has failed to comply with the timetables established in the CMO or has failed to
sign a Certification I after being requested to do so in writing, a party wishing to place the
case on the trial list must file a certification in substantially the same form contained
herein and designated “Certification II.”
4. A Certification I or II indicating readiness for trial shall be filed with the Office of Court
Administration and the Prothonotary no later than the last Friday of the calendar month
that precedes the month immediately before the beginning of the proposed trial term,
unless a different deadline is established by notice published in the Erie County Legal
Journal.
5. All “Certification II’s” shall be forwarded to the assigned judge for disposition.
*Comment: To comply with this Rule, all counsel must certify that they have “met and discussed settlement of this
matter.” (See the Form for Certification I). One preferred method of alternative dispute resolution which would
satisfy the requirements of this Rule is mediation. The Erie County Bar Association has established a Mediation
Program; guidelines and forms can be obtained from the ECBA offices at (814) 459-3111, or on-line at
www.eriebar.com.
RULE 212.2. PRETRIAL STATEMENTS
(a) In addition to the requirements set forth at Pa. R.C.P. 212.2, all Pretrial Statements shall contain:
1. A list of any unusual legal issues.
2. Where appropriate, authorization to other parties to examine pertinent records unless
earlier provided.
3. For any party asserting a claim for damages, the method of calculation and how damages
will be proven.
4. For any party defending a claim for damages, any defenses to the damage claims.
5. Filing Procedure. The original Pretrial Statements are to be filed in the Prothonotary’s
Office. No copy shall be forwarded to the assigned judge.
RULE 212.3. PRETRIAL CONFERENCE
(a) Upon the completion of the trial list, the assigned judge shall schedule a pretrial conference.
Attendance at the conference is mandatory for all counsel, and all persons needed to authorize or
approve settlement shall be present or available by telephone.
(b) In cases proceeding to trial without a jury, a pretrial conference shall be scheduled at the discretion
of the assigned judge or upon request of a party.
(c) At pretrial conference, in addition to the matters included in Pa. R.C.P. 212.3(b), the Judge:
1. Shall explore, with counsel and the parties, the possibility of settlement.
2. May decide all remaining motions and requests for relief.
RULE 212.4. TRIAL LISTS AND CONTINUANCES
(a) After the deadline for certification has passed, the Office of Court Administration, in coordination
with the assigned judge, shall list all certified cases for trial.
(b) When a case is listed for trial, it shall not be continued except for just cause. Except in the case of
exigent circumstances, all motions for continuance must be made at least ten (10) days before the
start of the trial in non-jury cases. All motions for continuance must include the reasons for the
request and must be presented to the assigned judge.
(c) Motions for continuance which are being made with the agreement of all counsel must be signed
by all counsel or parties.
FORMS
CERTIFICATION I
We the undersigned, counsel for the parties in the above case, hereby certify that:
1. The above action is ready for trial;
2. All outstanding motions have been resolved;
3. All pretrial narratives are filed;
4. Counsel have met and discussed settlement of this matter.
5. This case is to be tried jury, non-jury.
Plaintiff's attorney (date)
Defendant's attorney (date)
Additional Defendant's attorney (date)
CERTIFICATION II
1. The undersigned requests that the case be placed on the Trial List for the (month) term.
2. A case management order was entered providing for a proposed trial term of (month) .
3. A request to file a Certification I has been made of all parties.
4. This Certification II has been filed because:
5. The case is otherwise ready for trial.
Signature (Counsel or Party)
Date
RULE 216. RE-CERTIFICATION AFTER CONTINUANCE
If a second consecutive continuance request is granted by the Court at the request of either counsel or an
unrepresented party, the Court, in its discretion, may strike the case from the trial list. Re-certification will then be
required to have the case placed on a future trial list.
RULE 220.1. VOIR DIRE.
(a) The court may present a written questionnaire to the prospective jurors, in the form attached hereto
as Exhibit A. Exhibit A may be found on Page 22 of the Appendix.
(b) Supplemental voir dire may be submitted to the court for approval.
RULE 221. CHALLENGES
Neither peremptory challenges nor challenges for cause need be exercised until all prospective jurors have
been questioned.
RULE 225. ADDRESSING THE JURY
(a) Opening addresses may be made by all parties or groups of parties at the commencement of the
trial in the order of their appearing in the pleadings.
(b) After the close of the testimony, each party or group of parties shall have the right of final address
or argument. The party or group of parties not having the burden of proof shall address the jury first and the party or
group of parties having the burden of proof shall have the right of final address in the order of their appearing in the
pleadings. In cases of groups or parties not having identical interest, except interest arising from one injury, the
Court, when requested, shall allow separate addresses for each interest.
(c) The opening and closing addresses of counsel shall be recorded by the Court stenographer.
RULE 226. POINTS FOR CHARGE. MOTION FOR DIRECTED VERDICT
(a) The trial Judge may rule upon the parties' points for charge out of the hearing of the jury and, as to
any points for charge read to the jury, not ascribe such points to any party or attorney.
(b) Points for charge shall be submitted prior to selection of the jury with the right to supplement them
prior to closing arguments.
RULE 227.3. TRANSCRIPT OF TESTIMONY
Any party filing objections to the moving party's request for transcription shall present such objections to
the trial Judge for prompt scheduling of argument on the objection.
See Appendix, Court Order No. 6003-1995.
RULE 236. NOTICE BY PROTHONOTARY OF ENTRY OF JUDGMENT
When filing a request for entry of judgment, a party shall provide the Prothonotary with the original and
sufficient copies of judgments and notices thereof, together with postage prepaid envelopes addressed to all parties
entitled to notice thereof.
RULE 251. ALTERNATE DISPUTE RESOLUTION/SUMMARY JURY TRIAL
(a) General - By stipulation of the parties with approval of the court, a case may be selected for a
summary jury trial.
(b) Summary jury trial - The summary jury trial is an abbreviated proceeding during which the parties'
attorneys summarize their cases before a jury, which will consist of six persons unless the parties with concurrence
of the court agree otherwise. Selection of jurors and voir dire shall be conducted in the usual manner as for trials not
governed by this local rule. Witnesses will not be allowed to testify, unless otherwise stipulated by the parties.
Documentary, physical and demonstrative evidence shall be admitted as stipulated by the parties and approved by
the court. Unless the parties stipulate otherwise, the verdict is advisory only. Counsel are to submit proposed voir
dire questions and proposed jury instruction as ordinarily required.
RULE 252. APPEALS IN LICENSE SUSPENSION CASES
(a) Upon filing a license suspension appeal, the petition shall be presented to the Office of Court
Administration for a judge assignment and hearing date.
(b) The Office of Court Administration shall review the petition and upon determination that the
appeal is timely, shall issue a “per curiam” order of court designating the assigned judge and setting the date and
time of the hearing and where appropriate providing for supersedeas.
(c) No provision for supersedeas shall be included in an appeal, pursuant to 75 Pa.C.S.A. §§1503,
1504, 1509, 1514, 1519 and 1572. Requests for supersedeas in cases involving those sections shall be directed to
the assigned judge.
(d) Notice of the time and date of the hearing shall be provided by the petitioner to the
Commonwealth as provided by the Motor Vehicle Code.
RULE 253. PETITIONS FOR CHANGE OF NAME
(a) Upon filing, all petitions for name change shall be presented to the Office of Court Administration
for judge assignment.
(b) Petitions for name change shall be presented to the assigned judge for designation of the date and
time of hearing.
(c) At the time of the hearing, the petitioner shall provide the Court with the following:
(1) A copy of the proposed decree;
(2) A certified copy of the lien search completed by the Clerk of Records;
(3) A verification from the Pennsylvania State Police of compliance with any applicable
fingerprint requirements; and
(4) A verification of compliance with all notice and publication requirements.
COURT MATTERS
RULE 302. TRIAL DIVISION JUDICIAL ASSIGNMENT
(a) Judicial assignment to a case will be made 60 days after the filing of the complaint if not made
sooner at the request of a party. Counsel and unrepresented parties will be sent notice of the assignment. All judicial
assignments will be noted in the electronic docketing system.
(b) If judicial attention is required prior to judicial assignment pursuant to section (a) above, counsel
shall submit a request for judicial assignment with the Court Administrator on a form substantially as contained
herein.
ERIE COUNTY COURT OF COMMON PLEAS REQUEST FOR CIVIL JUDGE
ASSIGNMENT
DATE COMPLAINT FILED DOCKET NUMBER
PLAINTIFF(S) PLAINTIFF'S ATTORNEYS (Address)
DEFENDANT(S) DEFENDANT'S ATTORNEYS (Address)
HAS THIS CASE RECEIVED ANY PREVIOUS JUDICIAL ATTENTION?
NO YES
If yes, name of Judge
ARE THERE ANY COMPANION CASES ALREADY ASSIGNED TO A JUDGE?
NO YES
If yes, name of Judge Docket Number
FOR COURT USE ONLY:
has been assigned this case. This matter, and all future
matters, should be taken directly to assigned judge per local rules of court.
DATE: ASSIGNED BY:
RULE 303. MOTION COURT AND OTHER MOTIONS AND PETITIONS-CIVIL
(a) Civil Motion Court shall be held two (2) times per week (Tuesday and Thursday) at 9:00 A.M.
The only motions presented shall pertain to cases in which no judicial assignment has yet been made. (See Erie L.R.
208.2(c)-208.3(b), generally, for procedure in matters where complaint has been filed.).
(b) The Court Administrator shall publish a schedule of the judges assigned to hear motions in those
civil cases where no judicial assignment has yet been made.
(c) (1) The moving counsel desiring to have such summary determination of a motion or petition
must notify opposing counsel and any opposing unrepresented party of his intention to argue the motion or petitions
before the Court at such time, in accordance with Erie LR 440. The Court may refuse to hear argument on such
motions or petitions unless counsel for each side is present.
(2) The moving party shall attach to the motion or petition the proposed order.
RULE 304. FAMILY LAW/ORPHANS' DIVISION MOTION COURT
(a) Motion Court, for the purpose of obtaining a Final Order or an order for Emergency Relief, shall
be held Monday, Tuesday, Wednesday and Thursday at 9:00 a.m.
(b) All other Petitions and Motions seeking a Rule to Show Cause, Argument, or hearing date shall be
presented only by counsel or pro se litigant, in duplicate, to the Family/Orphans' Court Administrator between the
hours of 9:00 a.m. to 11:00 a.m. and 1:30 to 3:00 p.m., Monday through Friday.
(c) A Motion Court Cover Sheet in the form which follows this rule shall be completed and attached
to all Motions or Petitions filed.
(d) The Family/Orphans' Court Administrator shall be responsible for scheduling with the Judges all
Arguments, Hearings and Rules To Show Cause on the Motions or Petitions presented to the Family/Orphans' Court
Administrator.
(e) The attorneys or pro se litigants presenting a Motion or Petition to the Family/Orphans' Court
Administrator shall be responsible for filing original Petitions or Motions and Orders with the Prothonotary or Clerk
of the Orphans' Court and serving copies of the Order and Petition or Motion on opposing counsel or pro se litigants.
(f) The Family/Orphans' Court Administrator shall collect one copy of the Petition or Motion and
Order for the hearing Judge.
(g) The Motions or Petitions and Order shall be filed on the date the Order is signed.
(h) For Motions or Petitions seeking Emergency Relief or a final Order, notice shall be given to
opposing counsel or pro se litigants pursuant to Rule 440 of the Erie County Local Rules.
(i) Insofar as this Rule is inconsistent with Erie County Local Rule 303, Rule 304 shall apply.
DATE: , HEARING REQUIRED:
MOTIONS JUDGE:
HEARING JUDGE:
CAPTION: VS.
YES □
NO □
DOCKET NO:
FAMILY / ORPHANS’ DIVISION
MOTION COVER SHEET AND NOTICE
You are hereby notified that the attached motion/petition will be presented by me on:
, :
□ to the Court Administrator as a contested matter
9:00 a.m. - 11:00 a.m. and 1:30 p.m. - 3:00 p.m.
Monday through Friday:
□ to Motion Court at 9:00 a.m.
CERTIFICATION OF NOTICE AND SERVICE
(To be completed for Motion Court presentation)
The undersigned represents that a copy of this motion and proposed order have been served up
all parties or their counsel of record on , in accordance with:
A. Local Rule No. 440, hereby providing:
□ Two full business days prior notice by □ hand delivery, □ fax,
□ Five full business days prior notice by mail; or
B. Local Orphans’ Court Rule 12 for Special Petitions, thereby providing:
□ Ten full business days written notice.
UNCONTESTED MOTION CERTIFICATE
The undersigned represents that: □ All parties or counsel have consented and consents are attached.
□ The Order seeks only a return hearing or argument date and no other relief.
INFORMATION FOR COURT ADMINISTRATOR
A. If a Judge has heard previously, please identify: ☐Kelly ☐Connelly ☐Dunlavey
☐Trucilla ☐Domitrovich
☐Cunningham ☐DiSantis
☐Bozza ☐Garhart
B. Estimated court time required minutes hours days
C. Is this motion/position opposed? □ yes □ no □ unknown
(OVER)
FAMILY COURT MOTIONS
CUSTODY: Petition/Motion relating:
G Temporary custody
G Approval of custody agreement
G Waive attendance at sem
G Custody Order:
G Special relief (Custody)
G Custody Contempt
G Continuance (Custody)
G Counsel fees & expenses (Custody)
DIVORCE: Petition/Motion relating to:
G Exclusive possession of property
G Bifurcation
G Filing Inven/Pre-Trial Stmt
G Waive Attendance at sem
G Alimony Pendente Lite
G Divorce Other:
G Approve QDRO
G Divorce Contempt
G Divorce, Special Relief
G Amend pleadings divorce
G Counsel fees & expenses (Divo)
SUPPORT: Petition/Motion relating to:
G Cont conf/de novo hearing (support)
G Support Other:
G Paternity/Blood tests
G Support Contempt
ORPHANS’ COURT MOTIONS
DECEDENTS’ ESTATES: Petition/Motion relating to: ADOPTIONS: Petition for:
G Inheritance Tax Return
G Family Exemption
G Settlement of Small Estate
G Approval of sale of property
G App settlement/Wrongful Death, et
G Decedents’ Estates Other:
G Adoption
G Voluntary Relinquishment
G Involuntary Termination
G Confirm Consent
G Adoption Other:
MINOR’S ESTATES: Petition for:
G Appr Set of Minor’s Claim G Auth to Release
Funds from Minor’s Account G Minor’s Estates
Other:
GUARDIANSHIPS: Petition for:
G Minor guardianship
G Alleged Incapacitated
G Emergency Intervention
G Discharge/Sub/Guardian
G Guardianship
G Other:
I hereby certify all of the above statements are true and correct.
Name(s) of opposing counsel or pro se litigants
By
Attorney for ☐Plaintiff ☐Defendant
RULE 305. DUTIES OF THE PROTHONOTARY
(a) (1) The Prothonotary shall immediately stamp all papers filed with the date and time of such
filings and make an appropriate entry for each filing in the docket pursuant to applicable rules of procedure, statute or
Court Order. No entries shall be made in the docket except at the direction of the Prothonotary.
(2) The Prothontary, duly authorized court personnel, and under the supervision of the
Prothonotary, attorneys, pro se litigants and members of the public shall be permitted access to the files.
(3) No entries shall be made in the docket except at the direction of the Prothonotary.
(b) The Prothonotary shall be responsible for the safekeeping of all records and papers belonging to that
office. The Prothonotary shall permit no papers to be taken from the office without order of Court except for temporary
removal by an attorney for the purpose of conducting an arbitration, for copying within the Court House or other
recognized Court purpose. Those removing papers from the file of the Court shall sign them out on a form used for that
purpose and shall be responsible for damages arising from any loss.
(c) The Prothonotary shall not accept for filing any paper filed by a person which shall not have
endorsed thereon the address and telephone number of the person filing the paper. The Prothonotary shall
consecutively number the cases each year.
(d) In the litigation involving the validity of a municipal lien, upon motion of either party, the matter
shall be transferred, from the municipal liens docket to the appearance docket and given a term and number by the
Prothonotary.
(e) In all appeals to the Court from a municipal zoning board or municipalities, when said appeal has
been returned to said board or municipality by the Court, should the matter then be returned to Court, it will retain the
same docket number as it had on the original appeal.
RULE 306. TERMS OF COURT
(a) Regular terms of Court for the trial of civil jury cases will be held in February, April, June, August
and October.
(b) The Court may schedule special sessions and/or special civil jury terms of Court at other times and
dates than those set forth in sub-paragraph (a) above.
(c) Requests for trials outside the regular civil trial terms are discouraged. However, if there are
compelling reasons to make such a request, the proper procedure to be followed is to file a Motion with the assigned
judge, giving due notice of the date and time of presentation to opposing counsel, in accordance with established
motion practice.
RULE 311. PROCEDURE IN STATUTORY APPEALS
(a) Unless a contrary procedure is provided for otherwise in Statute or general Rule of Court, this Rule
shall apply to all statutory appeals where this Court has jurisdiction to review adjudications of School Districts,
municipalities or State Administrative Agencies or offices. This Rule shall have no applicability to state
Administrative Agencies or officers or proceedings under the Uniform Arbitration Act.
(b) In cases where the Court does not have the prerogative of receiving evidence in lieu of or in
supplement to the record made in the administrative proceedings, or in cases where no motion for additional evidence
was filed or granted pursuant to paragraph (d) herein, the disposition of appeals shall be by requesting a judge
assignment after twenty (20) days of the docketing of the record from the administrative proceeding or after the denial
of the motion for additional evidence, whichever is later. In such cases, all procedures otherwise applicable to the
listing of cases for argument, assignment to a Judge, briefs, etc., shall apply to appeals governed by this Rule.
(c) In cases where a party is entitled, as a matter of right, to have either a de novo evidentiary hearing in
this Court, or to supplement the record made in the administrative proceedings, any party so entitled shall request,
within twenty (20) days of the docketing of the appeal, judicial assignment and submit an appropriate motion to the
assigned judge for hearing. Such a motion shall set forth with particularity the basis on which the movant claims a
right to submit further evidence and shall contain a certificate that the motion has been served on all other parties.
(d) In cases where the Court may receive evidence for cause shown, or at the discretion of the Court, any
party wishing to request that the Court receive evidence, shall file a request for judicial assignment with the trial court
administrator and present an appropriate motion to the assigned judge within twenty (20) days after the docketing of
the record of the administrative proceeding being reviewed. The motion shall state with particularity the authority
upon which movant relies and the particular factors which he believes indicate that the receipt of further evidence is
justified. Where indicated by the circumstances, the following factors may be considered by the Court in acting upon
such motions in addition to any otherwise applicable standard governing the exercise of the Court's discretion:
(1) Whether movant was represented by counsel before the administrative tribunal.
(2) Whether previously undisclosed or newly discovered evidence exists which was not
made available to the administrative tribunal prior to its decision.
(3) The overall adequacy for the purpose of appellate review of the record made before the
administrative tribunal.
(4) The apparent regularity and fundamental fairness of the administrative proceedings, as
disclosed by the record.
(5) Such other factors as may be considered in the interest of justice.
No motion contemplated by this section shall be acted upon until all interested parties have been given an opportunity
to respond to the motion through argument. If, after argument, the Court denies, in whole, a motion under this section,
the case shall proceed as provided in section (b) above.
In granting the relief requested in motions contemplated by this section, the Court may, unless otherwise indicated by
applicable statues, limit the evidence it will receive to matters which are not cumulative of material already included
in the record made before the administrative tribunal, or impose other reasonable restrictions upon the scope or nature
of the evidence to be received. The Court may, in its discretion, at the request of any party or on its own motion, require
that any party intending to offer evidence pursuant to this Rule file a pre-hearing narrative statement fairly setting forth
the nature of the evidence to be offered such that all parties may have adequate notice of the facts at issue prior to
hearing and the scope and nature of the evidentiary proceeding.
(e) In cases in which evidence is received by the Court pursuant to this Rule, all parties shall submit
proposed findings of fact to the Court, after the close of the evidentiary proceedings, along with their respective briefs
on the merits of the appeal in accordance with a schedule fixed by the hearing Judge. The hearing Judge shall retain the
case and make the final disposition of the appeal, including the adoption of findings of fact, where appropriate.
(f) No case shall be listed for argument and no motion shall be filed requesting that a hearing be set until
the record of the administrative tribunal is docketed with the Prothonotary. It shall be the duty of the administrative
agency involved to promptly notify all parties of the filing of the record.
(g) Unless a different time is specified by statute, or Rule of Court, it shall be the duty of the
administrative agency involved to docket the record of the proceedings before it with the Prothonotary no later than
thirty (30) days from service of the notice of appeal upon the tribunal or agency. The record shall, in all cases, contain
at least a brief adjudication setting forth the findings and conclusions of the administrative tribunal.
(h) In the event that any administrative tribunal fails to comply with the provisions of this Rule, or of any
statute, relating to the time within which to transmit its record to this Court, any party may, by motion, apply for an
order compelling the transmittal of a complete record.
(i) Unless otherwise required by statute, the order of a single Judge of this Court which is dispositive of
the merits of the appeal shall constitute a final order of this Court in all matters subject to this Rule. Neither the filing
of exceptions nor en banc proceedings shall be required or permitted.
RULE 312. FAIR TRIAL. FREE PRESS.
A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or
participate in making an extra judicial statement, other than a quotation from or reference to public records, which a
reasonable person would expect to be disseminated by means of public communication if there is a reasonable
likelihood that such dissemination will interfere with a fair trial and which relates to:
(a) Evidence regarding the occurrence or transaction involved.
(b) The character, credibility or criminal record of a party, witness or prospective witness.
(c) The performance or results of any examinations or tests or the refusal or failure of a party
to submit to such.
(d) An opinion as to the merits of the claims or defenses of a party, except as required by law
or administrative rule.
(e) Any other matter reasonably likely to interfere with a fair trial of the action.
See Appendix, Court Order 84-1992.
SERVICE OF ORIGINAL PROCESS AND
OTHER LEGAL PAPERS
RULE 430. DESIGNATION OF LEGAL PUBLICATION
The Erie County Legal Journal is hereby designated as the legal publication for the publication of
all notices and matters that are required to be published by the Pennsylvania Rules of Civil Procedure or Order of
Court.
RULE 440. SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS
(a) Prior to the presentation to the Court of any motion or petition requesting an immediate Order of
Court, (except for a motion or petition filed under Pa.R.C.P. 1531(a) or a Rule To Show Cause which grants no relief),
opposing counsel and unrepresented parties must be given two (2) full business days' notice by personal delivery or
facsimile transmission to each party or their counsel's office, or five (5) full business days' notice if by mail. The
notice must give the date and time when the motion or petition will be presented to the Court and must accompany a
copy of the proposed motion and order. The motion or petition must contain a certificate signed by counsel verifying
that proper notice was given under this Rule. Service by email is allowed if, pursuant to Pa.R.C.P. 205.4(g), the
parties have agreed to service by electronic transmission or have provided an email address in an appearance or other
legal paper that has been filed in that civil action.
(b) The Certificate of Notice shall be in the following form:
CERTIFICATE OF NOTICE
I certify that on (Date of Notice) I gave notice to all counsel of record and unrepresented parties, of
my intention to present the within Petition/Motion to the Court on (Date of Presentation) by
(a) first class mail
(b) facsimile transmission
(c) email
(d) hand delivery,
(Name of Counsel)
(c) The Court will not enter an order on a petition or motion without the Certificate of Notice
being attached unless special cause be shown to the Court.
OFFICIAL RULES COMMITTEE COMMENT:
The intention of this Rule is to provide opposing counsel or parties with two (2) full business
days' notice from the date of fax, email or personal delivery, and five (5) full business days' notice from the
date of deposit in the U.S. mail. For example, if a motion is to be presented on Thursday at 9:00 a.m., the
notice of intent to present the motion must be delivered or faxed before 9:00 a.m. on the preceding Tuesday. If
notice is given by mail, it must be postmarked no later than the Wednesday of the preceding week.
RULE 442. SERVICE IN MAGISTERIAL DISTRICT JUDGE APPEALS
In appeals from judgments of Magisterial District Judges in Civil Matters as governed by Rules 1001 et
seq. of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges, the appellant in a
Magisterial District Judge proceeding, in lieu of service and proof of service pursuant to Rule 1005A and 1005B,
may at appellant's option file with the notice of appeal a stamped envelope pre-addressed to the appellee at
appellee's address as listed on the complaint form filed in the office of the Magisterial District Judge or as otherwise
appearing in the records of that office, or the attorney of record, if any, of the appellee, and a stamped envelope pre-
addressed to the Magisterial District Judge in whose office the judgment was rendered. Copies of the notice of
appeal and, if any, Rule pursuant to Rule 1004B of the Magisterial District Judge Rules shall thereupon be mailed by
the Prothonotary or Clerk by first class mail with such service and any return being noted on the Court's docket.
NOTE: Erie L.R. 442 implements the option authorized by Rule 1005C of the Rules of Conduct, Office Standards
and Civil Procedure for Magisterial District Judges as added March 27, 1992, effective June 25, 1992.
MISCELLANEOUS MATTERS
RULE 506. MONEY PAID INTO COURT
(a) A party to an action, may upon motion and upon such notice to the adverse party as the Court may
direct, pay into Court the amount admitted to be due, together with costs, if any. The party entitled to the money
may accept the money and settle and discontinue the action or may refuse the money and proceed with the action. If
the adverse party shall not recover more than the amount paid into Court, all additional costs shall be deducted from
the money. This tender into Court shall in no way alter the rights of the parties as to legal tender made before suit.
(b) Parties wishing to extinguish liens upon real estate in which they have an interest, may upon
motion and such notice to the creditor as the Court may direct, pay into Court the amount due and have satisfaction
entered upon the lien.
(c) Upon payment of money into Court, to abide its order, the same shall be deposited by the
Prothonotary in an account in the name of the Prothonotary kept for such purposes, and shall be payable only by a
check signed by the Prothonotary pursuant to order of the Court. A book shall be kept in the office of the
Prothonotary, in which shall be entered all monies paid into Court, with the name of the case in which it shall have
been paid.
(d) Under the provisions of the bulk transfers section of the Uniform Commercial Code, 13 Pa. C.S.A.
6106(4) the petition of the transferee, in addition to other necessary allegations, shall give the name, address and
amount of claims of creditors of the transferor insofar as the same are known to him and may request the
appointment of an auditor. If the petition is approved by the Court, an auditor may be appointed forthwith to
determine what creditors of the transferor are entitled to recommend distribution to the Court. The auditor shall give
notice of his appointment and perform all his duties in accordance with the provisions of Rule 500*. He shall give
notice of the time of filing claims to the transferors and transferees, or their attorneys, by registered or certified mail
to each known creditor whose name and address is set forth in the petition.
*[Erie L.R. 500 was deleted by the changes which were made pursuant to the order of July 8, 2004. Any continued
reference to Erie L.R. 500 is an oversight which the Rules Committee will bring to the court's attention.]
(e) The Prothonotary, upon receipt of any payment or deposit of funds or damages due or estimated to
be due in eminent domain proceedings, pursuant to any statute, rule or order of Court, shall, within five (5) days of
receipt of such funds or damages, deposit the same in a federally insured depository in Erie County, Pennsylvania,
subject to withdrawal on a daily basis without notice, such deposit to bear interest at a rate not less than the current
rate at any time advertised by said institutions to be paid to its customers for depository accounts with similar
withdrawal provisions as above.
(1) If the amount of such funds so paid or deposited with the Prothonotary exceed the
maximum amount that deposits with such institutions are insurable by an agency of the United States of America,
the Prothonotary shall open as many accounts as may be necessary to provide that all such funds so paid or
deposited are fully insured by an agency of the United States of America.
(2) Any funds deposited by the Prothonotary under this Rule shall be deposited in the name
of the Court for use of the parties who may be entitled thereto, and shall not be withdrawn except by Order of Court
authorizing the Prothonotary to withdraw all or a part of any such funds so deposited and to make distribution of the
same in accord with the terms of such Order. A record of all funds received and paid out hereunder, including the
source of such funds, the number and term of the proceedings under which the same were deposited, and to whom
payments of funds withdrawn are made, shall be kept by the Prothonotary.
(3) Interest earned on funds deposited shall belong to and, upon Court Order authorizing
withdrawal, be paid to the party or parties entitled thereto less the appropriate deduction for poundage which the
Prothonotary shall receive for the handling of monies paid into Court in accordance with the statutory fee schedule
established by the General Assembly of the Commonwealth of Pennsylvania.
(4) The Prothonotary shall after deposit of funds, as above described, mail a copy of said
depository agreement to all parties of record and file a copy of same with the papers in the case.
RULE 507. DEFICIENCY JUDGMENT ACT
(a) Petitions pursuant to 42 Pa. C.S.A. §8103, as amended, to fix the fair market value of real property
bought by a plaintiff at a sheriff sale shall disclose in addition to the requisites of the section, the following:
(1) The date of the sheriff's sale.
(2) The date of entry and the amount of judgment entered in the proceeding and the amount
of the interest due thereon to the date of the sheriff's sale and the costs of the proceedings upon which the said
judgment was obtained.
(3) An itemized statement of all prior liens, costs, taxes, municipal claims not discharged by
the sale, and the amount of any such items paid at distribution on the sale.
(b) The service of the petition shall be in accordance with Pa. R.C.P. Nos. 440 and 441.
RULE 508. ACCOUNTING
When in any action a judgment has been entered directing the defendant to account to the plaintiff, the
defendant shall, within thirty (30) days (unless the Court shall for cause shown allow a longer time), state the
account and file the statement thereof in the Office of the Prothonotary giving notice and copy of account forthwith
to the plaintiff, or his attorney, that this has been done. Within thirty (30) days after such notification the plaintiff, if
dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the
appointment of an auditor to hear and report upon questions of fact and law raised by the exceptions. The auditor
and all parties shall thereafter follow Erie L.R. 500*.
*[Erie L.R. 500 was deleted by the changes which were made pursuant to the order of July 8, 2004. Any continued
reference to Erie L.R. 500 is an oversight which the Rules Committee will bring to the court's attention.]
ACTIONS AT LAW
CIVIL ACTION
RULE 1018.1. NOTICE TO DEFEND. FORM
With respect to the notice to defend form required by Pa.R.C.P. 1018 the Erie County organization shall be:
Lawyer Referral & Information Service
P.O. Box 1792
Erie, PA 16507
814/459-4411
Mon - Fri
8:30 a.m. - Noon; 1:15 p.m. - 3:00 p.m.
RULE 1028(c). PRELIMINARY OBJECTIONS
1. Preliminary objections shall be filed with the Prothonotary’s office and a copy shall be served by
the objecting party upon all counsel of record and unrepresented parties. Within thirty (30) days after the filing of
preliminary objections, the objecting party shall file a brief and serve a copy of the brief upon all counsel of record
and unrepresented parties. At that time, the objecting party shall also serve a copy of the preliminary objections and
brief upon the assigned judge.
2. The non-moving party shall file with the Prothonotary’s office a responding brief within thirty
(30) days of receipt of the objecting party’s brief. The non-moving party shall forward a copy of the brief to the
assigned judge. This deadline does not affect the filing deadlines otherwise imposed upon the non-moving party by
the Pennsylvania Rules of Civil Procedure.
3. After the passage of the filing date for the non-moving party’s brief, the assigned judge may
schedule the matter for an argument on the preliminary objections. Notice of argument, if scheduled, shall be
given by the court to each attorney of record and to unrepresented parties by United States mail, facsimile
transmission or personal delivery.
4. If the brief of either the objecting party or non-moving party is not filed within the time periods
above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time
subsequent thereto:
(A) Overrule the objections where the objecting party has failed to comply.
(B) Grant the requested relief where the responding party has failed to comply and where the
requested relief is supported by law, or
(C) If argument is granted prohibit the noncomplying party from participating in oral
argument although all parties will be given notice of oral argument and shall be permitted to be present at oral
argument and/or
(D) Impose such other legally appropriate sanction upon a noncomplying party as the Court
shall deem proper including the award of reasonable costs and attorney’s fees incurred as a result of the
noncompliance.
RULE 1034(a). MOTION FOR JUDGMENT ON THE PLEADINGS.
1. The moving party shall file a motion for judgment on the pleadings, together with a supporting
brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving
party upon all counsel of record and unrepresented parties and upon the assigned judge.
2. The non-moving party shall file a brief in opposition to the motion for judgment on the pleadings
within thirty (30) days after receipt of the motion and brief. At that time, the failure of the non-moving party to file
a brief within the time required shall result in the disposition of the motion based solely upon the information
received from the moving party.
3. After the passage of the filing date for the non-moving party’s brief, the assigned judge may
schedule the matter for argument. Notice of argument, if scheduled, shall be given by the court to each attorney
of record and to unrepresented parties by United States mail, facsimile transmission or personal delivery.
4. If the brief of either the moving party or non-moving party is not filed within the time periods
above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time
subsequent thereto:
(A) Dismiss the motion where the moving party has failed to comply.
(B) Grant the requested relief where the responding party has failed to comply and where the
requested relief is supported by law, or
(C) If argument is granted, prohibit the noncomplying party from participating in oral argument
although all parties will be given notice of oral argument and shall be permitted to be present at oral argument and/or
(D) Impose such other legally appropriate sanction upon a noncomplying party as the Court
shall deem proper including the award of reasonable costs and attorney’s fees incurred as a result of the
noncompliance.
RULE 1035.2(a). MOTION FOR SUMMARY JUDGMENT
1. Procedure for Filing Summary Judgment Motions.
(A) The moving party shall file a motion for summary judgment, together with a supporting
brief, with the Prothonotary and a copy of the motion and brief shall be contemporaneously served by the moving
party upon all counsel of record and unrepresented parties and upon the assigned judge. Within thirty (30) days of
receipt of the moving party’s brief, the non-moving party shall file a brief and, at that time, shall deliver a copy to
the assigned judge. Any depositions, answers to interrogatories or affidavits in support of or in opposition to the
motion shall be filed with the Prothonotary not later than the due date of the respective party’s brief.
(B) If the brief of either the moving party or non-moving party is not filed within the time
periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any
time subsequent thereto:
(i) Dismiss the motion where the moving party has failed to comply.
(ii) Grant the requested relief where the responding party has failed to comply and
where the requested relief is supported by law, or
(iii) If argument is granted, prohibit the noncomplying party from participating in oral
argument although all parties will be given notice of oral argument and shall be permitted to be present at oral
argument and/or
(iv) Impose such other legally appropriate sanction upon a noncomplying party as the
Court shall deem proper including the award of reasonable costs and attorney’s fees incurred as a result of the
noncompliance.
2. Scheduling of Argument.
(A) There may be oral argument in accordance with Pa.R.C.P. No. 211. If granted, notice of
argument shall be given by the Court to each attorney of record and to unrepresented parties by United States mail,
facsimile transmission, or personal delivery.
(B) After the passage of the filing date of the brief of the non-moving party, the Court may
schedule argument on the motion with notice to all parties. The Court shall notify the parties of its decision.
RULE 1042.21 PRETRIAL PROCEDURE IN MEDICAL PROFESSION LIABILITY
ACTIONS. SETTLEMENT CONFERENCE; MEDIATION
(a) Any motion by a healthcare provider requesting a court ordered mediation, shall set forth the
following minimum information:
(1) the date of the proposed mediation or the time frame during which the mediation will
take place;
(2) the identity of the proposed mediator;
(3) the location of the proposed mediation; and
(4) any other terms that has been consented to by the parties or which are being proposed by
the moving health care provider.
(b) If the motion has been consented to, such consent shall be noted in the motion and, where
possible, written consents from the parties shall be attached.
(c) Any party opposing a Motion for mediation shall file their objections within ten (10) days of
service of the Motion.
ACTION TO QUIET TITLE
RULE 1066. FORM OF JUDGMENT OR ORDER
(a) Unless otherwise ordered by the Court, notice is not required.
(b) Any order entered under Pa. R.C.P. 1066 (b)(1) shall include a description of the property.
COMPULSORY ARBITRATION
RULE 1301. SCOPE
(a) Compulsory arbitration of matters as authorized by the Judicial Code, 42 Pa. C.S. Section 7361
as amended, shall apply to all cases at issue where the aggregate amount in controversy shall be Fifty Thousand
Dollars ($50,000.00), or less, regardless of the number of parties, except those cases involving title to real
estate or which seek equitable or declaratory relief.
(b) In all cases where a party has obtained a judgment by default under Pa. R.C.P. No. 1037, the
party obtaining said judgment by default may elect to have unliquidated damages assessed at a trial by arbitration
with the issues limited to the amount of damages which shall not exceed $50,000.00. The election to assess
damages by arbitration shall constitute a waiver by the party making such election of any damages in excess of
$50,000.00.
(c) Discovery shall be allowed in all cases.
RULE 1302. LIST OF ARBITRATORS. APPOINTMENT TO BOARD.
(a) (1) The Board of Arbitrators in any case shall be selected in accordance with one of the
procedures set forth below, from a list of attorneys admitted to practice in Erie County, who have filed their consent
to act with the Prothonotary.
Those attorneys having practiced for three (3) years or more who wish to be Chairman of
Boards of Arbitration shall so inform the Prothonotary of their eligibility.
(i) Selection by Praecipe: Upon the filing of a Praecipe for Arbitration, the
Prothonotary shall nominate a Board of potential Arbitrators consisting of three (3) attorneys plus one (1) attorney
for each attorney of record and unrepresented party. Not more than two (2) of the potential Arbitrators shall have
been admitted to the practice of law for less than three (3) years. The list of attorneys so nominated shall be sent by
the Prothonotary to each attorney of record and the unrepresented party. Each attorney of record and unrepresented
party may strike off one (1) nominated attorney and return the list to the Prothonotary within five (5) days. A failure
to respond within five (5) days constitutes a waiver of the right to strike one (1) name from the list. The three
remaining names will make up the Board. If no name of the same name is stricken from the list, the first three (3)
remaining names will make up the Board.
Upon the expiration of five (5) days, the Prothonotary shall notify all parties of the
names of the Arbitration Panel and designate as Chair the first Arbitration Panel and designate as Chair the first
Arbitrator, so selected, who has been admitted to the practice of law for at least three (3) years.
(ii) Selection by agreement: By agreement of counsel, the Prothonotary shall
nominate a list of nine (9) attorneys selected at random from the entire list of potential arbitrators with an additional
three (3) attorneys for each additional party with an adverse interest. Each party shall have the right to strike off
attorneys so named, one at a time and alternately. If, after the striking of Arbitrators, the selection will result in a
panel of members none of whom are eligible to be Chairman, the Prothonotary at the request of either counsel, shall
select three (3) additional attorneys for consideration. The selection shall continue until a panel is agreed upon. If
none of the three (3) chosen Arbitrators have been practicing for more than three (3) years, the counsel shall be
deemed to waive this requirement. The Chairman shall be selected by counsel.
(iii) Selection of sole arbitrator: In any case within the limits of compulsory
arbitration, a sole Arbitrator may be selected to adjudicate the case by agreement of counsel. The award shall have
the same effect as that of a three (3) person panel. The Prothonotary shall nominate a list of five (5) attorneys
selected at random from the entire list with an additional two (2) attorneys for each additional party with an adverse
interest. Each party shall then have the right to strike off two so named, one at a time and alternately. The
remaining attorney shall comprise the Board of Arbitration and shall be considered the Chairman.
(2) In the event an arbitrator selected pursuant to the above procedures is unavailable to
attend the hearing for any reason, that arbitrator shall give the parties written notice of his or her unavailability five
(5) days before the hearing date, so as to allow the parties time to agree on selection of a replacement arbitrator and
have said replacement available to attend the hearing so as not to cause the need for rescheduling of the same. If the
arbitrator fails to comply with the five (5) day notice requirement, at the time of the regularly scheduled arbitration
hearing the parties shall notify the Prothonotary of the arbitrator's failure. Thereafter, the arbitrator shall
automatically be stricken from the list of arbitrators maintained by the Prothonotary with leave to reapply for
inclusion on the list upon petition to the Court and cause shown.
RULE 1303. HEARING. NOTICE
(a) (1) The Chairman of the Board of Arbitrators shall designate the time for hearing with
written notice to each of the members of the Arbitration panel and to each party or their counsel in compliance with Pa.
R.C.P. 1303.
(2) All hearings of the Board of Arbitrators shall be held in the Erie County Court House in a
hearing room designated for that purpose or in a courtroom by leave of Court.
(3) All hearings shall promptly commence at 9:30 a.m. or 1:30 p.m., unless a different time
shall specifically be established by the Board of Arbitrators. In the event an Arbitrator shall not be present at the time
for the swearing-in, then counsel for represented parties and any unrepresented party who does in fact appear at the
scheduled hearing time, may, only if they agree unanimously
Arbitrators; or
Arbitrator.
(A) have the remaining Arbitrators immediately select a replacement from the list of
(B) themselves appoint any other eligible person to act as a replacement Arbitrator; or
(C) use any other method of selection of an eligible person to act as a replacement
In the event that counsel for represented parties and any unrepresented party, who does in fact appear at the scheduled
hearing time, are unable to unanimously agree upon any of the foregoing options, then the replacement Arbitrator shall
be selected in accordance with Erie R.C.P. 1302(a)(1)(iii), governing selection of a sole Arbitrator.
(b) In no event, shall a scheduled arbitration be canceled or rescheduled without written authorization of the
Chairman or order of court obtained upon a showing of good cause. If such authorization or order is not obtained, the
arbitration shall be held as scheduled.
(c) In the event that a party or an arbitrator requests that the hearing be rescheduled and if that request is
granted as provided herein, then that party or arbitrator shall undertake the work needed to reschedule the hearing,
including contacting the Court Administrator to obtain available dates and coordinating those dates with all counsel,
parties and arbitrators, as well as preparing and dispatching all required written notices of the rescheduled hearing.
RULE 1304. CONDUCT. HEARING. GENERALLY
(a) The hearings shall be conducted by the chairman with decorum in full compliance with judicial
proceedings as conducted by the Court of Common Pleas. Witnesses shall be sworn in the customary manner.
(1) Smoking shall not be allowed, either by Arbitrators, attorneys, parties or witnesses.
(2) Once the witnesses are sworn and the proceedings have commenced Arbitrators and
attorneys shall, throughout the hearing, use the same procedure and decorum as used before a Common Pleas Court.
RULE 1305. PRETRIAL EXCHANGE OF INFORMATION
(a) In cases subject to compulsory arbitration where the amount in controversy exceeds $10,000.00,
the parties shall exchange the following information at least twenty (20) days prior to the arbitration.
(i) A copy of all reports containing the substance of the facts, findings or opinions and a
summary of the grounds or reasons for each opinion of any expert, including physicians, whom that party expects to
call as a witness at the arbitration. The report must be signed by the expert.
(ii) Names and addresses of all witnesses the party expects to call.
(iii) Copies of all exhibits the party intends to use at the arbitration, with a designation of
those documents to be produced pursuant to Pa. R.C.P. 1305.
(b) If timely production is not made of any of the information required above, the testimony of that
expert, that witness, or use of that exhibit, shall be excluded by the arbitrator(s), except upon consent of the adverse
party or parties, or upon a showing of good cause made to the arbitrator(s).
RULE 1306. AWARD
(a) In each case, at the time of the entry of the Arbitrator's award or upon a determination that a
scheduled hearing would not take place, the chairman shall file a Certificate of Arbitrator's fees to indicate the time
expended and Arbitrator's fees to be paid. Fees of the panel shall be assessed as follows:
(1) An arbitration was scheduled, but no hearing was convened or award entered. The
chairman, only, shall receive $25.00.
(2) In all other cases, the Arbitrators shall be paid at the rate of $60.00 per hour, or a portion
thereof, with the chairman receiving an additional $25.00.
RULE 1307. AWARD DOCKETING. NOTICE. LIEN. JUDGMENT. MOLDING
THE AWARD.
When the Certificate, report and award, if any, are filed with the Prothonotary, the Prothonotary or his
deputy shall certify the Arbitrator's fees for payment under the procedure followed as to other debts of the County.
ACTIONS IN EQUITY
RULE 1531. PRELIMINARY INJUNCTION.
(a) Upon filing a motion for preliminary injunction, a request for a judge assignment shall be made to
the Office of Court Administration.
(b) The motion for preliminary injunction shall be presented to the assigned judge to obtain a date and
time for a hearing and/or consideration of a request for immediate or ex parte relief.
CLASS ACTIONS
RULE 1703. COMMENCEMENT OF ACTION. ASSIGNMENT TO A JUDGE
Upon filing the complaint, the plaintiff shall also file with the Prothonotary a Praecipe for Assignment and
shall serve a copy thereof upon the Court Administrator, who shall promptly assign the action to a judge who shall
be responsible for all further proceedings. In the event plaintiff does not file a Praecipe for Assignment, any other
party may do so.
ACTIONS FOR SUPPORT
RULE 1910.4. COMMENCEMENT OF ACTION. FEE
(a) The Support Intake Officer may aid any person requesting help in the preparation and filing with
the Court of a complaint for support.
(b) All support pleadings must be filed with the Support docketing Office and copies provided to the
Support Counseling Office.
(c) In all actions in which spousal support, alimony pendente lite and temporary counsel fees are
pending, upon motion and order, hearing on all matters may be heard concurrently by the Court.
RULE 1910.5. COMPLAINT. ORDER OF COURT
The order directing the parties to appear shall include the following language: "Failure of either party to
appear at the support counseling conference, or to appear without the required financial information, may subject
that party to sanctions which may include attorney's fees and any other relief the Court so directs."
RULE 1910.7. NO PLEADING BY DEFENDANT REQUIRED. QUESTION OF
JURISDICTION OR VENUE OR STATUTE OF LIMITATIONS IN
PATERNITY.
If defendant raises a question of jurisdiction or venue, or in paternity cases the defense of statute of
limitations, those issues shall be raised by filing a motion to dismiss. Said motion shall be presented in Motion
Court to the Judge of the Family Division, at which time a date and time for argument on the motion shall be
scheduled.
RULE 1910.10. ALTERNATIVE HEARING PROCEDURES
The Erie County Court of Common Pleas hereby adopts Pennsylvania Rule of Civil Procedure 1910.11.
RULE 1910.11. OFFICE CONFERENCE. SUBSEQUENT PROCEEDINGS. ORDER
(a) No temporary order regarding spousal support shall be entered if one party raises the issue of
spousal entitlement.
(b) The support office shall issue the conference summary and recommendation within forty-eight
(48) hours of the support conference.
(c) If no agreement is reached at the support conference, the hearing de novo shall be scheduled at
that time. The hearing de novo shall be held no later than thirty (30) days from the date of the support office
conference.
(d) If a temporary order is entered pursuant to Pa. R.C.P. 1910.11(f), that temporary order shall
automatically expire on the thirtieth (30th) day after the support conference.
(e) A demand for a hearing de novo pursuant to Pa. R.C.P. 1910.11(h) shall set forth with specificity
the issues to be raised before the Court at the de novo hearing. However, such demand shall not impair the right to a
de novo hearing on all issues.
(f) If no demand for a de novo hearing is filed within ten (10) days from the date of the summary and
recommendation, the temporary order and support office summary and recommendation shall be made a final order
of Court and the trial de novo canceled.
(g) Any party may file a responsive pleading within five (5) days from receipt of the demand for the
de novo hearing.
RULE 1910.16-1. ALIMONY PENDENTE LITE
(a) All Motions and Petitions for alimony pendente lite, modification or termination thereof including
counsel fees, shall be filed with the Domestic Relations Office.
(b) The Domestic Relations Office shall make a recommendation as to alimony pendente lite pursuant
to the procedures of Erie County Local rules and Pennsylvania Rules of Civil Procedure 1910.11 and 1910.12 which
shall be determined in accordance with support guidelines, Pennsylvania Rule of Civil Procedure 1910.16-2 and as a
formula in Rule 1910.16-5.
(c) All Motions and Petitions for alimony pendente lite, modification, termination, or exceptions
therefrom shall be subject to fees as established by the Domestic Relations Office.
COMMENT
A count for Alimony Pendente Lite in a Divorce Complaint does not activate the processing of that claim. The
filing of a Petition for Alimony Pendente Lite in the Domestic Relations Office pursuant to Rule 1910.16-1 activates
that claim and establishes the effective date of the claim.
RULE 1910.19. SUPPORT ORDER. MODIFICATION. TERMINATION
A petition seeking to modify or terminate a support order may be prepared by the Support Intake Office. A
petition under this Rule shall be filed in the Support Docketing Office and a copy shall be filed with the Support
Counseling Office.
See Appendix, Court Order No. 90508-1998.
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND
VISITATION OF MINOR CHILDREN
RULE 1915.1 SCOPE
These rules shall govern the practice and procedure in all actions for any type of
custody initiated in Erie County, Pennsylvania. These rules shall be read in conjunction with
and supplement the state rules as set forth in Pa.R.C.P. Nos. 1915.1 – 1915.25. In the event of
any conflict between these rules and the state rules, the Pennsylvania Rules shall control.
RULE 1915.3 COMMENCEMENT OF ACTION. COMPLAINT. ORDER
(a) An original verified complaint, substantially in the form provided by
Pa.R.C.P. No. 1915.15(a), and two copies per party shall first be presented to the Custody
Conciliation Office prior to being filed at the Prothonotary’s Office.
(b) The custody conciliation office will assign a time and date for the
conciliation conference, and attach the order provided for in Pa. R.C.P. 1915.3(b) to the
original and all copies. The moving party shall then file the original pleading with the
Prothonotary, and serve the responding party or parties as provided in the Pennsylvania
Rules of Civil Procedure.
(c) The custody office shall not reject any complaint for custody or modification of
custody submitted for assignment of a conciliation time and date, except as provided for in
subsection (d). It is the responsibility of a party objecting to jurisdiction, venue, service,
standing or any other legal defect, to file and serve the proper responsive pleading, and to
request a stay by the court, if appropriate, pursuant to Local Rule 1915.5.
(d) Grandparents and all other third parties shall file according to the procedure
set forth in Local Rule 1915.6 unless there is no open case involving the minor child or
children.
RULE 1915.3-2 CRIMINAL OR ABUSE HISTORY. HEARING
In addition to the requirements of Pa. R.C.P. 1915.3-2, a party may raise consideration
of criminal convictions or abuse history pursuant to 23 Pa. C.S. Section 5329. The party
raising a Section 5329 objection shall present a motion pursuant to Local Rule 1915.13
requesting a hearing to determine whether a party, or household member, poses a threat to a
child and/or whether a party, or household member, is in need of counseling.
RULE 1915.4-1 HEARING PROCEDURE.
BYPASS CUSTODY CONCILIATION CONFERENCE.
(a) Complaints for custody or petitions for modification shall initially proceed
through the Office of Custody Conciliation of Erie County, Pennsylvania. Except in
relocation cases subject to Local Rule 1915.17, partial custody and supervised physical
custody cases subject to Local Rule 1915.4-2, and Section (b) of this rule, custody actions
shall proceed in accordance with Pa.R.C.P. 1915.4-3.
(b) A party may present a motion to bypass the office conference to the duty
judge during motion court pursuant to Local Rule 1915.13. A motion to bypass the office
conference may be granted in cases wherein:
(1) there are complex questions of law, fact or both; or
(2) there are serious allegations affecting the child’s welfare.
RULE 1915.4-2 OFFICE CONFERENCE. PROCEEDINGS.
(a) Except as provided for at Local Rule 1915.4-1, all custody complaints and
petitions for modification shall initially be conciliated by a conference officer at an office
conference.
(b) The office conference is not a hearing but an opportunity for parties to
reach agreement early in the custody process. No evidence or testimony is presented.
Ordinarily, conferences shall not last more than one hour. The objectives of the office
conference are:
(1) To facilitate immediate agreement and the entry of consent orders
where the nature of the parties’ dispute is minor and can be resolved quickly without the
need for trial;
(2) To identify those cases not appropriate for resolution within the
context of the conciliation process; and
(3) To identify the need for referral to outside professionals or agencies
and to provide the parties with information and other assistance needed to accomplish such
referral.
(c) Participation in the office conference:
(1) Children and Third Parties: Children and third parties, other than
attorneys, shall not be present for or participate in conferences. Exceptions may be
made at the discretion of the Court.
(2) Parties must participate in conferences in a cooperative manner and at
all times adhere to the directives of the person conducting the conference.
(3) Prior to agreeing to a custody order, a party may consult with her or
his attorney, and a reasonable opportunity to do so will be provided by the conference
officer.
(d) An attorney who attends an office conference with a client will participate
consistent with the following standards:
(1) The manner and scope of participation in conferences shall be
determined by the conference officer;
(2) Attorneys shall fully cooperate with the efforts of the conference
officer to facilitate the agreement of the parties;
(3) Counsel shall at all times behave in a professional manner and
refrain from engaging in hostile or antagonistic conduct directed toward any conference
participant;
(4) Attorneys shall advise their clients in a manner not disruptive of the
conciliation process which may require consulting with the client outside the conference
room;
(5) Attorneys shall not engage in legal argument, except that counsel
may advise of legal issues relevant to the formation of an interim or consent order;
(6) Counsel shall not attempt to question the other party, present
evidence or engage in conduct characteristic of any adversarial proceedings;
(e) All agreements reached at an office conference, whether a full or partial
agreement, shall be reduced to a Consent Agreement and shall be signed by the parties
immediately upon conclusion of the proceeding. If the parties partially agree or agree to
reschedule the office conference, an interim order containing the agreed upon terms of the
parties may be submitted to the duty judge for approval of the court.
(f) If no agreement is reached at the office conference, the case shall be
promptly referred by the Custody Conciliation Office to Family Court Administration for
trial; except that actions for partial custody or supervised physical custody shall be
assigned to a hearing officer and shall proceed in accordance with Pa.R.C.P. 1915.4-2(b)
and Local Rule 1915.4-2(g) below. The conference officer shall prepare a summary report
detailing the parties’ respective positions, which shall be filed and submitted to the
hearing officer and the parties.
(g) Hearing before the Hearing Officer.
(1) In accordance with Pa.R.C.P. 1915.4-2, parties, after an unsuccessful office
conference, will be scheduled for a custody hearing before a hearing officer.
(2) A pretrial order will be issued which directs parties to submit a pretrial
narrative statement and parenting plan. The pretrial narrative statement and
parenting plan is due ten (10) days prior to the scheduled hearing date and
may be dropped off or mailed to the Custody Conciliation Office at the Erie
County Courthouse.
(3) Continuance requests for custody hearings will be considered only if made in
writing and containing the written consent of all parties. Such requests shall
be presented to the Custody Office for consideration by the hearing officer.
(4) The hearing shall be conducted in accordance with Pa.R.C.P. 1915.4-2.
(5) The Court may issue an interim order consistent with the hearing officer’s
proposed order. If exceptions are filed, the interim order shall continue in
effect.
(6) Exceptions may be filed to the custody hearing officer’s report and proposed
order pursuant to Pa.R.C.P. 1915.4-2. If filing exceptions, in addition to
those requirements contained in Pa.R.C.P. 1915.4-2, Erie County requires the
following:
i. A copy of the hearing officer’s report and proposed order from which
the exceptions are filed must be attached to the exceptions.
ii. When filing exceptions, a transcript must be ordered from the Court
Reporter’s Office in accordance with Erie County Rules of Judicial
Administration 4001-4008. A copy of the completed Transcript
Request Form, along with a transcript deposit receipt or proof of
transcript fee waiver, shall be attached to the original exceptions. The
only time a transcript is not necessary is if the exceptions are not
based on the testimony contained in the record. If both parties file
exceptions to the report and proposed order of the hearing officer,
they shall equally bear the cost of the transcript of testimony. If a
party fails to pay for the transcript or obtain a waiver of the cost of the
transcript, the court reporter shall notify the court, after which the
exceptions of the non-paying party may be dismissed by the judge if
the transcript was needed for determining the exceptions.
iii. The original exceptions shall be timely filed with the Prothonotary’s
office at the Erie County Courthouse. Within twenty (20) days of
filing the exceptions, a time stamped copy must be delivered to Court
Administration.
iv. The party filing exceptions must also serve a time stamped copy on
the opposing party or that party’s counsel of record.
v. Once exceptions and all related documents are filed with the
Prothonotary and a copy is provided to Court Administration,
argument on the exceptions will be placed on the next available
argument list for an assigned judge. The Court will issue an order and
serve notice on all parties of the date and place of argument.
RULE 1915.4-3 NON-RECORD PROCEEDINGS. TRIAL
Non-Record Proceedings governed by Pa.R.C.P. 1915.4-3 shall follow the office
conference process detailed in Local Rule 1915.4-2, paragraphs (a)-(f).
RULE 1915.5 QUESTION OF JURISDICTION, VENUE OR
STANDING. PRELIMINARY OBJECTIONS.
A party raising preliminary objections in accordance with Pa.R.C.P. No. 1915.5
shall, prior to filing, present the preliminary objections to Family Court Administration for
assignment to a judge and scheduling of a date and time for a hearing. Thereafter, the
moving party shall file the original pleading with the Prothonotary and serve the objections
and notice of hearing in accordance with the Pennsylvania Rules of Civil Procedure.
RULE 1915.6 JOINDER OF PARTIES
Grandparents and all other third parties seeking any type of custody of a minor child
with an open custody docket before this court shall present a Motion to Intervene to the duty
judge at Motion Court. Notice to all responding parties must be provided pursuant to Local
Rule 440, and certificate of notice must be attached to the motion. If the motion raises
contested issues, the duty judge may issue a Rule to Show Cause. The signed Rule to Show
Cause Order shall be presented to Family Court Administration for assignment to a judge
and scheduling of a date and time. Thereafter, the moving party shall file the original
pleading with the Prothonotary and provide for service pursuant to the Pennsylvania Rules
of Civil Procedure.
RULE 1915.12 CIVIL CONTEMPT FOR DISOBEDIENCE OF
CUSTODY ORDER. PETITION.
In addition to the requirements of Pa.R.C.P. No. 1915.12, the original contempt
petition with notice and order, and a photo copy, shall be presented to Family Court
Administration for assignment to a judge and for scheduling of a date and time for the
contempt hearing. Thereafter, the moving party shall file the original pleading with the
Prothonotary and provide for service pursuant to the Pennsylvania Rules of Civil Procedure.
RULE 1915.13 SPECIAL RELIEF
Motions for Special Relief shall be presented to the duty judge during Motion Court.
The motion must allege, with specificity, the need for the court to enter interim or special
relief. Notice to all responding parties must be provided pursuant to Local Rule 440, and
certificate of notice must be attached to the motion. If the motion raises contested issues, the
duty judge may issue a Rule to Show Cause. The signed Rule to Show Cause Order shall be
presented to Family Court Administration for assignment to a judge and scheduling of a date
and time. Thereafter, the moving party shall file the original pleading with the Prothonotary
and provide for service pursuant to the Pennsylvania Rules of Civil Procedure.
RULE 1915.17 RELOCATION
(a) A party proposing to relocate with a minor child shall follow the
procedures set forth at Pa.R.C.P. 1915.17.
(b) If the non-relocating party has no objection to relocation and no
objection to modification of the custody order consistent with the relocating party’s
proposal for revised custody schedule, the parties may obtain an order approving the
proposal for revised custody schedule by presenting a Petition to Confirm Relocation
with the agreed upon custody order before the duty judge at Motion Court.
(c) If the non-relocating party files a counter-affidavit objecting to
either the relocation or to modification of the order, any party may either:
(1) obtain an expedited full hearing on the proposed relocation by
presenting copies of the relocation notice, the counter-affidavit, the complaint for custody or
petition for modification, whichever is applicable, and a request for hearing to Family Court
Administration.
or
(2) may waive their right to an expedited hearing and participate in a
custody conciliation conference by obtaining a time and date from the custody conciliation
office in addition to following the filing requirements of Pa.R.C.P. No. 1915.17. Thereafter,
the moving party shall file the original pleading with the Prothonotary and provide for
service pursuant to the Pennsylvania Rules of Civil Procedure.
(d) If the non-relocating party was properly served notice of proposed relocation
and has failed to timely object, the party proposing relocation, in addition to following the
requirements of Pa.R.C.P. No. 1915.17(e), shall present a Petition to Confirm Relocation
with a proposed order including the information set forth at 23 Pa.C.S. Section 5337(c)(3)
to the duty judge at Motion Court. Thereafter, the moving party shall file the original
pleading with the Prothonotary and provide for service pursuant to the Pennsylvania Rules
of Civil Procedure.
RULE 1915.26 CHILDREN COPE WITH DIVORCE
(a) All parties participating in custody proceedings must attend the Children
Cope With Divorce program. A copy of the brochure providing information on the
program must be included in all complaints involving parties that have not previously
attended the program.
(b) Subsequent proceedings and the entry of any order or decree shall not
be delayed because of the lack of participation in the Children Cope With Divorce
program.
(c) Any party seeking to waive the costs of participating in the Children
Cope With Divorce program shall present an appropriate motion before the duty judge at
Motion Court.
RULE 1915.27 CANCELLATION OF CUSTODY PROCEEDINGS.
(a) A scheduled office conference and/or hearing before a hearing officer may
not be cancelled without the written consent of the parties, or leave of court. If a responding
party does not consent to cancel an office conference or hearing, a motion to cancel may be
presented in motion court by the requesting party with proper notice pursuant to Local
Rule 440.
(b) If none of the parties appear for a scheduled office conference, the
conference officer will prepare and send a proposed Order to the duty judge that indicates
the office conference is cancelled, and that the pleading is dismissed without prejudice.
(c) If any one party fails to appear for a scheduled office conference
and all parties have been served, the appearing party or parties may:
(1) reschedule the office conference;
(2) in the case of an initial complaint or petition for modification of an
existing order seeking sole custody or primary physical custody,
request an immediate referral for trial;
(3) in the case of an initial complaint or petition for modification of an
existing order seeking partial custody and/or supervised physical
custody, request an immediate referral for a hearing before a hearing
officer; or
(4) request dismissal of the pleading without prejudice.
If the appearing party or parties request to reschedule the office conference,
the appearing party or parties are responsible for serving notice of the rescheduled
conference. If the appearing party requests an immediate referral for a trial, the case shall
be promptly referred by the Custody Conciliation Office to Family Court Administration
for scheduling of a trial. If the appearing party requests an immediate referral for a hearing
before a hearing officer, the case shall be promptly referred by the Custody Conciliation
Office to the hearing officer for scheduling of a hearing.
(d) If the complaint or petition has not been served, the office conference may be
rescheduled at the request of the appearing party or parties. The Custody Conciliation Office
will prepare a new notice and order to be filed and served by the appearing party or parties,
along with the petition and complaint and other documents required to be filed with the
complaint.
(e) A scheduled trial shall not be cancelled without leave of court. A motion to
cancel the trial shall be presented to the judge assigned to the custody trial. A scheduled
hearing before a hearing officer shall not be cancelled without leave of court. A motion to
cancel the hearing before a hearing officer shall be presented to the family motion court
judge. If all parties agree to the cancellation, signed consent of the parties shall be attached
to the motion.
ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE
RULE 1920.31. CLAIMS FOR CHILD AND/OR SPOUSAL SUPPORT
(a) A claim for child and/or spousal support raised in an action for divorce by complaint, counterclaim
or petition shall be substantially in the form set forth in Pa. R.C.P. 1910.27.
(b) Where a claim for child and/or spousal support is raised in an action for divorce, a true and correct
copy of the complaint, counterclaim, or petition by which the claim for child and/or spousal support is raised shall
be filed with the Non-Support Intake Office. The claim for child support shall be docketed in the Non-Support
Intake Office and shall thereafter proceed in accordance with Pa. R.C.P. 1910.1 et seq. and local rules governing
proceedings for child support. The docket entry in the Non-Support Intake Office shall include a reference to the
appearance docket number of the divorce action.
RULE 1920.51. HEARING BY THE COURT. APPOINTMENT OF MASTER.
NOTICE OF HEARING
(a) Upon Motion of either party or upon its own Motion, the Court may appoint a Master to hear
testimony and return the record together with the Report and Recommendation to Court. The Motion shall be filed
with the Office of the Prothonotary. If the Motion is filed by a party, then the Motion must be accompanied by the
appropriate fee, as established by the Court. The moving party shall certify that all the parties have complied with
the requirement of Pa.R.C.P. 1920.31, Pa.R.C.P. 1920.33 and Pa.R.C.P. 1920.46. The Motion and proposed Order
requesting the appointment of a Master shall be in conformity with L.R.C.P. 1920.74.
(1) Masters shall be appointed in rotation from the list of permanent part-time Masters
appointed as such by the Court to determine issues of divorce, equitable distribution of property, permanent alimony
and all other issues relevant thereto. If all Court appointed Masters are conflicted out of serving, the Court may
appoint a one-time Master for the hearing.
(2) A Master shall be appointed to hear a claim of child and/or spousal support only upon
presentation of an Affidavit of the party supplementing the Motion for appointment of a Master showing special
circumstances which justify a departure from the procedure of Erie L.R. 1920.16. Should it later appear that special
circumstances justifying referral of a claim for child and/or spousal support do not exist, either party or the Master
may petition the Court to refer the claim to the Non-Support Intake Office.
(3) Upon appointment of a Master to hear issues which require expedited disposition
(including, but not limited to, alimony pendente lite, child and/or spousal support when referred to a Master,
occupancy of the marital residence, maintenance of insurance policies, and Counsel fees and expenses), a
preliminary record hearing will be held before the Master within thirty (30) days of the entry of the Order appointing
a Master. Where discovery has not been completed or where all documents required to be filed by Pa.R.C.P.
1920.31 have not been filed prior to the preliminary hearing, the Master may, in his or her discretion, proceed with
the hearing and filing of a report and recommendations (which may include recommended sanctions for failure to
comply with Pa.R.C.P. 1920.31) or continue the hearing until said documents have been filed.
(b) PRE-HEARING STATUS CONFERENCE
In actions where expedited disposition is not required,
(1) The Master shall within fifteen days after receiving notice of the Master’s appointment
schedule a date for a pre-hearing status conference to be held prior to the date of the Master’s hearing and shall give
notice of the time and place of the pre-hearing status conference by First Class Mail to counsel for represented
parties and directly to any unrepresented party. Said notice shall be mailed at least five business days prior to the
scheduled date of the conference. The conference shall be attended by Counsel of Record, only, if all parties are
represented by counsel.
(2) At the pre-hearing status conference, the Master shall review:
(A) The positions of the parties on each Claim, including those issues on which
settlement has been reached;
(B) Discovery which has been completed, including the inventory and pretrial
statements pursuant to Pa.R.C.P. 1920.33;
(C) Any documentary evidence to be presented at the hearing;
(D) The names and addresses of each witness any party proposes to call at the
hearing;
(E) All matters which may be stipulated by the parties at the hearing;
(F) Establish a schedule for filing of Pretrial Narrative Statements, completion of
discovery and any other relevant matters; and
(G) Such other relevant matters as should be raised by either of the parties or the
Master.
(c) POST-STATUS CONFERENCE
(1) After the pre-hearing status conference the Master shall:
(A) Prepare a summary of the discussions and action taken at the pre-hearing status
conference, including a statement of any stipulations, and of any matters which have been settled between the parties
and which will not be raised at the hearing before the Master;
(B) Establish a schedule for the filing or service of any additional pleadings or
discovery which may be deemed necessary and set hearing date(s);
(C) Serve a copy of the summary and filing schedule on counsel for the parties, or
on any unrepresented party; and
(D) Indicate the amount of additional master’s fees to be paid by the litigants prior to
hearing.
(d) MASTER’S HEARING
(1) The Master shall establish a hearing date or dates at the pre-hearing status
conference. These dates shall be included in the summary prepared pursuant to Section c (post status conference),
as well as in the formal notice of Master’s hearing as required by Pa.R.C.P. 1920.51(b). At least twenty (20) days
written notice of the time and place of any Master’s hearing shall be given to the attorneys of record (or the parties
where no attorney has appeared in the case) by the Master by ordinary mail.
(2) Counsel and parties will be expected to be present and participate during the entirety of
the Master’s hearing; otherwise they shall be subject to sanctions or other remedies deemed appropriate by the
Court.
(e) CONTINUANCES
(1) A request shall be granted by the Master if both parties consent in writing.
(2) All other requests for continuance shall be at the discretion of the Master, unless
otherwise ordered by the Court.
(f) SETTLEMENT
(1) In the event the parties reach a negotiated settlement, then both
parties must notify the Master of such agreement in writing, and both parties must request a postponement or
cancellation of the Master’s hearing, in order to postpone or cancel the Master’s hearing.
(2) The parties may attend the scheduled Master’s hearing at the time scheduled for the
purpose of entering the substance of their agreement on the record.
(g) FEES AND COSTS
(1) The initial fees, costs and compensation of the Master shall be in accordance with
Administrative Order In Re Divorce Masters Miscellaneous Docket No. 90001-07 and any amendments thereto.
(2) The Master shall determine additional fees due in accordance with the rate set by the
Court and shall require an advance deposit of said amount prior to scheduling any further hearing. The Master shall
have the authority to apportion the additional fees and advance deposits between the parties prior to trial, and the
Master may reapportion such fees in the Master’s Report.
(3) The Master shall receive compensation for a minimum of four hours for each day of a
scheduled hearing that is not either:
(A) Continued in accordance with Erie L.R. 1920.51(e); or
(B) Cancelled with notice to the master in writing at least fourteen (14) days prior to
the scheduled hearing date for the reason either that the case has been resolved or withdrawn.
(4) In the event the Master fails to grant the continuance, the parties may petition the Court
for a continuance. The Court may grant a continuance and will determine the amount of additional master’s fees, if
appropriate.
(5) At the conclusion of the case, the Master shall prepare a certification indicating the
amount of Master’s fees paid the disposition thereof.
RULE 1920.53. HEARING BY MASTER. REPORT
If the issues of divorce or annulment are raised for determination by the Master, then these issues shall be
first determined prior to a trial on the economic issues.
(a) Where the Master concludes that a recommendation to grant the divorce or annulment should be
filed, the Master shall notify the parties of this conclusion in writing (a copy of which shall be attached to the
Master’s report) subsequent to the termination of the hearing(s). The Master shall forthwith proceed to hear
testimony and take evidence on all other matters at issue in the action prior to the filing of a report and
recommendation.
(b) Where the Master concludes that a recommendation to deny the divorce or annulment should be
filed, the Master shall file a report and recommendation in accordance with the terms of Pa.R.C.P. 1920.53(A). No
evidence or testimony shall be taken on any other matter at issue unless and until the Court determines that a divorce
or annulment should be granted.
RULE 1920.55-2. MASTER'S REPORT. NOTICE. EXCEPTIONS. FINAL DECREE
(a) In the event exceptions are not timely filed by either party, either party may praecipe the Court for
the entry of a final order.
(b) Where the parties stipulate on the record that additional documentary evidence shall be submitted
subsequent to the hearing(s), the Master shall file the report and recommendation within thirty (30) days of receipt
of that evidence or in accordance with Pa.R.C.P. 1920.53(a)(1), whichever date is later.
(c) Exceptions must be timely filed at the Office of the Prothonotary, and shall be served on the
opposing party or their counsel of record. Only matters raised on exceptions will be considered by the Court, and
any matters not raised on exceptions shall be deemed to be waived.
(1) Within twenty (20) days of filing the exceptions, the moving party shall file their request
for argument and proposed Order with the Court Administrator.
(2) Both parties shall file their briefs no later than ten (10) days prior to the scheduled
argument. If the briefs are not timely filed, then the Court may dismiss the exceptions, refuse or limit argument on
the exceptions, or enter any other relief deemed appropriate by the Court.
(3) Copies of exceptions and briefs shall be provided to all counsel of record (or to a party
directly if unrepresented by counsel) the Master and to the Judge.
RULE 1920.73. PRAECIPE TO TRANSMIT RECORD
(a) The Praecipe to Transmit Record shall follow the form set forth in Pennsylvania Rules of Civil
Procedure 1920.73(b).
(b) If the parties have dependent children 18 years or under, a copy of the parties’ completion
certification form or waiver of the “Children Cope with Divorce” program may be attached to the Praecipe to
Transmit Divorce, if completed by the parties. Although, in accordance with 23 Pa. C.S. § 5332, the Court may
require the parties to attend the program, the failure of a party to attend the program shall not impede the transmittal
of the record. As such, upon proper praecipe, a final decree may be issued even if one or both parties have not
attended the Children Cope with Divorce” program. Notwithstanding the above, parties who are otherwise obliged
to attend the program by Court Order, must still attend the program.
RULE 1920.74. MOTION FOR APPOINTMENT OF MASTER
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) (Defendant), moves the court to appoint a master with
respect to the following claims:
Divorce Distribution of Property
Annulment Counsel Fees
Alimony Costs & Expenses
Alimony Pendente Lite Support
Name, address, and telephone number of opposing counsel or party is:
1. Discovery is complete as to the claim(s) for which the appointment of a master is requested.
(a) Plaintiff's Inventory Filed:
(b) Defendant's Inventory Filed:
(c) Plaintiff's Income & Expense Statement Filed:
(d) Defendant's Income & Expense Statement Filed:
If no Inventory and/or Income and Expense Statement has been filed, a copy of the Court Order allowing
appointment of a Master must accompany this Motion.
2. The non-moving party (has) (has not) appeared in the action (personally) (by his attorney,
, Esquire).
3. The Statutory ground(s) for divorce (is) (are)
4. Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
(c) The action is contested with respect to the following claims:
5. The action (involves) (does not involve) complex issues of law or fact.
6. The hearing is expected to take (hours) (days).
7. The full name, address and telephone number of the non-moving party (or their attorney, if
represented) is
8. Additional information, if any, relevant to the motion:
As the moving party or attorney for the moving party, I certify that all parties have complied with the
requirements of Pa.R.C.P. 1930.50 (Discovery), 1920.31 (Filing of Income & Expense Statement), 1920.33 (Filing
of Inventory), and 1920.46 (Military Service).
DATE:
Signature of moving counsel or party
Typed Name, Address and Phone
_( )
ORDER:
IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PLAINTIFF, )
Plaintiff )
)
v. ) No. 11390 - 2005
)
DEFENDANT, )
Defendant )
ORDER APPOINTING MASTER
AND NOW, this day of , 20 , upon
consideration of the foregoing Motion for Appointment of Master, it is hereby Ordered,
Adjudged and Decreed that , Esquire, is hereby
appointed Master with respect to all claims of record as of the time of the Master’s hearing and
all issues otherwise raised or preserved by the pleadings.
BY THE COURT:
RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY
Rule 1930.4. SERVICE OF ORIGINAL PROCESS IN DOMESTIC RELATIONS MATTERS.
(c) Service by Mail. Except in Protection from Abuse matters unless authorized by
special order of court pursuant to subdivision (b) above, original process may also be served by
mailing the complaint and order to appear, if required, to the defendant's last known address by
both regular and certified mail. Delivery of the certified mail must be restricted to addressee
only, and a return receipt must be requested.
(1) If the certified mail is refused by defendant, but the regular mail is not
returned within fifteen days, service may be deemed complete.
(2) If the mail is returned with notation by the postal authorities that it was
unclaimed, service shall be made by another means pursuant to these rules.
(3) When using certified mail, return receipt requested, pursuant to this Rule,
it is permissible to utilize the United States Postal Service's return receipt electronic option, or
any similar service that electronically provides a return receipt.
MINORS AS PARTIES
RULE 2039. COMPROMISE, SETTLEMENT, DISCONTINUANCE AND
DISTRIBUTION IN MINORS' ACTIONS
(a) All petitions presented for the compromise, settlement, discontinuance and distribution in minors’
actions shall be submitted to:
(1) The assigned judge, where there is a civil action pending; or
(2) A judge in the Orphans’ Court Division where there is no civil action pending.
(b) All approved petitions shall be filed in the Office of the Prothonotary. The guardian of the minor
shall file a certified copy of the petition and approving order in the Office of the Register of Wills under the name of
the minor.
(c) In cases where no action has been filed, all petitions and orders approving settlement shall be filed
in the Office of the Register of Wills under the name of the minor.
INCAPACITATED PERSONS AS PARTIES
RULE 2064. COMPROMISE, SETTLEMENT, DISCONTINUANCE AND
DISTRIBUTION IN ACTIONS FILED BY OR ON BEHALF OF
INCAPACITATED INDIVIDUALS
(a) All petitions presented for compromise, settlement, discontinuance and/or distribution in actions
filed by or on behalf of incapacitated individuals shall be submitted to:
(1) The assigned judge, where there is a civil action pending; or
(2) A judge in the Orphans’ Court Division where there is no civil action pending.
(b) All approved petitions shall be filed in the Office of the Prothonotary. The guardian of the
incapacitated individual shall file a certified copy of the petition and approving order in the Office of the Register of
Wills under the name of the incapacitated individual.
(c) In cases where no action has been filed, all petitions and orders approving compromise,
settlement, discontinuance or distribution shall be filed in the Office of the Register of Wills under the name of the
incapacitated individual.
ACTIONS FOR WRONGFUL DEATH
RULE 2205. NOTICE TO PERSONS ENTITLED TO DAMAGES
The notice shall in all cases be served personally or by registered mail upon each person entitled by law to
recover damages in the action, unless the plaintiff shall file an affidavit that the identity or whereabouts of any such
person is unknown to him, after diligent search, in which case the plaintiff shall cause the notice to be advertised
once in the newspaper of general circulation published in Erie County, and once in the Erie County Legal Journal.
Affidavit of service of notice shall be filed.
RULE 2206. SETTLEMENT, COMPROMISE, DISCONTINUANCE AND JUDGMENT
(a) All petitions for the compromise, discontinuance or settlement of wrongful death claims in which
a minor or incapacitated person has an interest shall be submitted for approval to:
(1) The assigned judge, where there is a civil action pending; or
(2) A judge of the Orphans’ Court Division where there is no civil action pending.
(b) The petition and Order approving the petition in pending actions shall be filed with the
Prothonotary and certified copies of the same shall be filed with the Register of Wills in the name of the minor or
incapacitated person.
(c) The petition and Order approving the petition where there is no pending action shall be filed with
the Register of Wills in the name of the minor or incapacitated person.
ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY
RULE 3136. DISTRIBUTION OF PROCEEDS OF SALE OF REAL PROPERTY
(a) Upon filing the proposed schedule of distribution, the Sheriff shall immediately mail a copy of the
proposed schedule of distribution including a copy of the list of liens, clearly indicating thereon the date on which the
proposed schedule of distribution was filed, to all parties and lien creditors, as well as to any other persons in interest
as set forth in the Pa. R.C.P. No. 3129.1(b) Affidavit.
(b) The Sheriff shall include with the copy of the proposed schedule of distribution
transmitted to the Prothonotary a copy of the list of liens and a copy of the certificate or guaranty required by
Pa.R.C.P. 3136(c).
RULE 3252. WRIT OF EXECUTION - MONEY JUDGMENTS
A writ of execution shall contain the following designation as the organization available to receive requests
for free legal help:
Lawyer Referral & Information Service
P.O. Box 1792
Erie, PA 16507
814/459-4411
Mon - Fri
8:30 a.m. - Noon; 1:15 p.m. - 3:00 p.m.
DEPOSITIONS AND DISCOVERY
RULE 4002. AGREEMENT REGARDING DISCOVERY OR DEPOSITION
PROCEDURE
(a) Unless otherwise provided in writing or in the transcript, all objections except as to the form of the
questions are reserved until the trial of the matter.
(b) Unless otherwise provided in writing or in the transcript, the parties shall be deemed to have
waived their right to require inspection, reading and signature to the transcript by the person whose oral deposition is
being taken.
RULE 4007.1 PROCEDURE IN DEPOSITION BY ORAL EXAMINATION
Prior to scheduling any discovery deposition, counsel should first attempt to arrange a date and time
satisfactory to all counsel. Only if a mutually convenient date and time cannot be arranged after a good faith effort
to do so may the counsel scheduling the deposition select a date and time without the consent of the other parties.
Unless ordered by the court, or as otherwise permitted by the Pennsylvania Rules of Civil Procedure, any discovery
deposition not scheduled upon consent of the parties may be scheduled only after written notice has been given by
the party scheduling the deposition to opposing counsel and any unrepresented party. The written notice must be
served upon opposing counsel and on any unrepresented party by hand delivery, fax transmission or first class
United States mail at least 14 days prior to the date scheduled for the deposition.
RULE 4007.4. SUPPLEMENTING RESPONSES
No special prior order of Court shall be necessary for the Court to enforce those duties set forth in Pa.
R.C.P. 4007.4 (1) or (2) by appropriate relief at time of or during the trial.
RULE 4017.1. VIDEOTAPE DEPOSITIONS
(a) If a videotape deposition is to be offered by any party at trial and such videotape deposition has
been completed prior to the settlement conference, the party offering same shall inform the Court at the settlement
conference, or before, of any unresolved objections in order that the Court may schedule an editing session prior to
trial.
(b) If any such videotape deposition is taken after the settlement conference, the party desiring to offer
said deposition shall immediately notify the Court of the deposition and the evidentiary issue in order that the Court
may schedule an editing session.
GUIDELINES FOR THE CONDUCT OF ARBITRATION IN
UNINSURED AND UNDERINSURED MOTOR/ST CLAIMS
I. Preamble
The Civil Rules Committee of the Erie County Bar Association submits the following guidelines as suggested rules of conduct and of procedure that may be utilized in uninsured and underinsured motorist claims. Since UM and UIM arbitrations fall outside of the rule-making jurisdiction and power of the Pennsylvania courts, the application of these guidelines will be dependent upon the agreement of the parties and the authority bestowed upon the arbitrators by the applicable insurance contract documents.
II. Disqualification of Arbitrators
An arbitrator shall be disqualified if his impartiality can reasonably be questioned, including but not limited to instances where:
(a) He, or a lawyer with whom he practices, currently represents any of the parties in any legal matters;
(b) He has a personal bias or prejudice concerning a party;
(c) He has personal knowledge of disputed evidentiary facts;
(d) He served as a lawyer in the matter in controversy, or a lawyer with whom he practices law served as a lawyer concerning the matter;
(e) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a substantial financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
III. Arbitrator's Conduct
Arbitrators shall conduct themselves in accordance with all applicable provisions of the Pennsylvania Code of Judicial Conduct and, in particular, with the following provisions of Canon 3 of the Code of Judicial Conduct, as modified:
1. An arbitrator shall be faithful to the law of Pennsylvania and maintain professional competence in it. An arbitrator shall be unswayed by partisan interests, by the party whom appointed him or by fear of criticism. An arbitrator should be impartial, should not be an advocate for the party appointing him and should independently evaluate the UM or UIM claim.
2. An arbitrator should maintain proper order and decorum.
3. An arbitrator should be patient, dignified and courteous to litigants, witnesses, lawyers and others with whom he deals in an official capacity,
18
and should require similar conduct of lawyers, the arbitrator's staff, and others subject to his or her direction and control.
4. An arbitrator should accord to every person who is legally interested in a proceeding and to his lawyer the full right to be heard according to law and, except as authorized by law, shall not consider ex parte communications concerning a pending proceeding.
5. An arbitrator should dispose promptly of the business of the arbitration.
6. An arbitrator should abstain from public comment on a pending arbitration and should require similar abstention by personnel subject to his direction or control.
IV. Communications Between Parties and Arbitrators
A. Ex parte communication between counsel for any party and any of the arbitrators shall be limited to disclosure of the following:
1. Whether the nature of proceedings is an uninsured motorist claim or underinsured motorist claim;
2. The names of parties involved;
3. The names of opposing counsel and the arbitrator chosen by opposing counsel (if known);
4. The names of proposed neutral arbitrators;
5. The arbitrator's fee; and
6. The scheduling of the arbitration hearing.
B. There shall be no communication with any arbitrator outside of the arbitration hearing of matters which might tend to influence the ultimate decision of the arbitrators, including, but not limited to, the nature and the merits of the claim, the amount(s) paid on behalf of the third party tortfeasor(s), the monetary limits of insurance policies (whether UM or UIM), any legal issues and settlement discussions.
C. Communication between neutral arbitrators and any party and their counsel shall be limited to only those matters necessary to permit the neutral arbitrator to perform his or her administrative duties and duties as chairperson of the arbitration panel. Whenever possible, communication shall not be ex parte and, in the event of an unavoidable ex parte communication, disclosure of it shall be made as soon as practicable to all other interested parties and counsel.
V. Prehearing Discovery
A. Unless otherwise agreed, all preheating discovery shall be governed by the terms of the applicable insurance policy and the discovery provisions of the
19
Pennsylvania Rules of Civil Procedure. The parties shall attempt to informally resolve all requests and disputes relating to discovery. Any party may submit, in writing, a request to the arbitration panel to enforce a discovery request. The arbitration panel shall, to the extent applicable, follow the Pennsylvania Rules of Civil Procedure in ruling on any such request.
B. To the extent permitted by Pennsylvania law, the neutral arbitrator may issue written subpoenas for the purposes of discovery. All requests for the issuance of a subpoena shall be submitted in writing to the neutral arbitrator, with copies being sent to the remaining arbitrators and to opposing counsel.
C. Unless otherwise directed by the arbitration panel, the parties shall exchange the following information and things at least twenty (20) days prior to the date set for the arbitration.
1. A report of any expert that a party intends to call as a witness, which sets forth the substance of the facts, findings or opinions of each expert and a summary of the grounds or reasons for each such finding or opinion.
2. The name, address and telephone number of all witnesses the party expects to call.
3. Copies of all exhibits the party intends to offer into evidence.
VI. Implementation of Standards
A. Counsel for the parties and the arbitrators shall forward to all other parties and arbitrators their signed copy of the agreement to be bound by these Standards of Professional Conduct.
B. At the opening of the UM or UIM arbitration hearing, the neutral arbitrator shall ask each of the other arbitrators to confirm that they have complied with these standards or to reveal any aspect in which they have not.
20
JUROR INFORMATION QUESTIONNAIRE Confidential; Not Public Record
Name: Last First Middle Initial City/Township:
Communities in which you resided over the past 10 years:
Marital Status: Race:
☐Married
☐White
☐Single
☐Black
☐Separated
☐Hispanic
☐Divorced ☐Widowed
☐Other
Your Occupation: Spouse/Other’s Occupation: Children Occupation(s):
Your Occupation(s) past 10 years: Spouse/Other’s Occupation(s) past 10 years: Children Occupation(s) past 10 years:
Number of Children: Level of Education: Yours Spouse/Other Children
remain silent or present no evidence?
is arrested, it does not mean that the person is guilty of anything?
still making up your own mind?
I hereby certify that the answers on this form are true and correct. I understand that false answers provided
herein subject me to penalties under 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
Signature
RULE 1107.ORD: 9/18/98
Date
21
Yes
G
No
□
1.
Do you have any physical or psychological disability or are you presently taking any medication?
G
□
2. Explain
Have you ever served as a juror before?
G
□
3. If so, were you ever on a hung jury? Do you have any religious, moral, or ethical believes that would prevent you from sitting in judgment in
criminal case and rendering a fair verdict? Explain
a
G □ 4. Have you or anyone close to you ever been the victim of a crime? Explain
G
G
□
□
5.
6.
Have you or anyone close to you ever been charged with or arrested for a crime, other than a traffic
violation? Explain
Have you or anyone close to you ever been an eye witness to a crime, whether or not it ever came to cour
t?
G
□
7. Explain
Have you ever been involved as a party or witness in a civil lawsuit or a criminal case?
G
□
8. Explain
Have your or anyone close to you ever worked in law enforcement or the justice system? This includes
G
□
9. police, prosecutors, attorneys, detectives, security or prison guards, and court related agencies? Would you be more likely to believe the testimony of a police officer or any other law enforcement officer
G
□
10. because of his or her job? Would you be less likely to believe the testimony of a police officer or any other law enforcement officer
G
□
11. because of his or her job? Would you have any problem following the court’s instruction that the defendant in a criminal case is
G
□
12. presumed to be innocent unless and until proven guilty beyond a reasonable doubt? Would you have any problem following the court’s instruction that the defendant in a criminal case does
not
have to take the stand or present evidence, and it cannot be held against the defendant if he or she elects t o
G □ 13. Would you have any problem following the court’s instruction in a criminal case that just because someo ne
G □ 14. In general, would you have any problem following and applying the judge’s instruction on the law?
G □ 15. Would you have any problem during jury deliberations in a criminal/civil case discussing the case fully b ut
G □ 16. Is there any other reason you could not be a fair juror in a criminal/civil case? Explain
IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA
CIVIL DIVISION
JUROR QUESTIONNAIRE
Official Use Only Box Seat
Box Seat Box Seat
1. Full Name:
Any other names by which you are known
2. Year of Birth: Place of Birth:
3. Neighborhood or Municipality in which you live:
Length of time at current address: Rent or Own:
List other locations where you lived in the past five (5) years:
4. Marital Status: Spouse’s name:
If other than single, how long have you been married, divorced, etc.?
5. Your Employment/Occupation
Present Job Employer Time at this job
If retired, Last Employer Last Position Held Time at this job
6. Please indicate your highest level of education: Elementary High School GED
Technical/Vocational College Graduate
For all education you have had after high school, please provide the name of the school, college or university attended, the
certificate or degree attained and the major course of study:
School, College or University Degree or Certificate Attained Major Course of Study
7. Family’s Employment/Occupation – Please provide information regarding your spouse, parents and children and their current
occupations/employers and /or any employment within the last five years:
Name (relationship) Occupation/Employer
8. Have you ever served in the military Yes No If yes, in which branch?
Years: to Final Rank: What did you do?
Honorable Discharge? Yes No
9. Have you or any members of your family been involved as plaintiff, defendant, witness or juror in a civil or criminal lawsuit
or court case? Yes No
If yes, who was involved? What was the nature of the lawsuit?
Were you or your family member the plaintiff, defendant, witness or juror?
10. Do either you or any member of your immediate family or close friends have a business relationship, friendship or
association with any person who is a law enforcement officer, a judge, a lawyer or a person who works or is affiliated with
the Court system? Yes No
Please describe:
11. Have either you, your spouse or your parents, children, brothers or sisters ever worked for or done business with the
insurance industry or have any of you owned stock in an insurance company?
Yes No
If yes, please explain:
12. Have either you, your spouse or your parents, children, brothers or sisters ever worked for or done business with the medical
or healthcare industry? Yes No
If yes, please explain:
13. Have you ever been in an automobile accident? Yes No
14. Are you a licensed driver of a motor vehicle? Yes No
15. Please list your family doctor and/or any other doctors that have treated you in the last two years.
16. Do you have any physical or mental or other situation which will affect your ability to serve on a jury? Yes No
I VERIFY, SUBJECT TO THE PENALTIES OF SECTION 4904 OF THE CRIMES CODE (18 Pa.C.S. 4904)
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, THAT THE FACTS SET FORTH IN THIS
QUESTIONNAIRE ARE TRUE AND CORRECT.
Dated: Signature